Brentford Properties Pty Ltd v Central Coast Council [2024] NSWLEC 1300

Land and Environment Court New South Wales

Medium Neutral Citation: Brentford Properties Pty Ltd v Central Coast Council [2024] NSWLEC 1300 Hearing dates: 12-15 March 2024 Date of orders: 4 June 2024 Decision date: 04 June 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA/2728/2022 for demolition of existing structures and a 45 lot Torrens title subdivision over six stages at 130, 130A, 140 and 140B Jensen Road, Wadalba, legally described as Lots 21 and 22 DP 1297341 and Lot 21 and 22 DP 1299079, is determined by the grant of development consent subject to the conditions at Annexure A. (3) The exhibits are returned with the exception of Exhibits 1, A, B, C and E which are retained. Catchwords: DEVELOPMENT APPLICATION – land subdivision – essential services – consent authority also functions as water management authority – out of sequence development – appropriateness of provision of interim services – sewage management – stormwater management – roadworks – maintenance responsibilities – bond – positive covenant Legislation Cited: Conveyancing Act 1919, s 88F Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Local Government Act 1919 Roads Act 1993, s 138 Central Coast Local Environmental Plan 2022, cll 6.2, 7.6 State Environmental Planning Policy (Housing for Seniors or People with Disability) 2004, cl 28 State Environmental Planning Policy (Resilience and Hazards) 2021 Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Charalambous v Ku-ring-gai Council (2017) 155 LGERA 352; [2007] NSWLEC 510 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 81 NSWLR 638; [2011] NSWCA 349 Texts Cited: Central Coast Development Control Plan 2022 Category: Principal judgment Parties: Brentford Properties Pty Ltd (First Applicant) Lamonby Properties Pty Ltd (Second Applicant) Central Coast Council (Respondent) Representation: Counsel: I Hemmings SC (Applicants) T To (Respondent)