Pollicina v Central Coast Council [2024] NSWLEC 1368

Land and Environment Court New South Wales

Medium Neutral Citation: Pollicina v Central Coast Council [2024] NSWLEC 1368 Hearing dates: Conciliation conference 5, 6 June 2024 Date of orders: 2 July 2024 Decision date: 02 July 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA/1349/2023 for the construction of a residential dwelling with basement garage and roof terrace with swimming pool at 57 Kurrawyba Avenue, Terrigal, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – new residential dwelling and swimming pool – amended plans and documents – conciliation conference – agreement reached – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 ss 2.11, 4.6 Central Coast Local Environmental Plan 2022 cll 4.3, 4.6, 7.1, 7.6 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Texts Cited: Central Coast Development Control Plan 2022 Category: Principal judgment Parties: Phillip Pollicina (Applicant) Central Coast Council (Respondent) Representation: Counsel: P Vergotis, solicitor (Applicant) M Cottom, solicitor (Respondent)