Khanafer v Central Coast Council [2024] NSWLEC 1323

Land and Environment Court New South Wales

Medium Neutral Citation: Khanafer v Central Coast Council [2024] NSWLEC 1323 Hearing dates: Conciliation conference 17 May 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $10,000, payable within 28 days. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA/61592/2021 for the demolition of an existing house and construction of a three unit multi dwelling house development legally described as Lot 604 in DP 10570, known as 16 Warrah Street, Ettalong Beach subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Central Coast Local Environmental Plan 2022, cl 1.8A Environmental Planning and Assessment Regulation 2000, cl 55 Gosford Local Environmental Plan 2014, cll 2.3, 2.7, 4.1B, 4.3, 4.4, 4.6, 7.1, 7.2 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, 4.6 Category: Principal judgment Parties: Kassem Khanafer (Applicant) Central Coast Council (Respondent) Representation: Counsel: A El-Azzi (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)