Access Strata Pty Ltd v Central Coast Council [2024] NSWLEC 1402

Land and Environment Court New South Wales

Medium Neutral Citation: Access Strata Pty Ltd v Central Coast Council [2024] NSWLEC 1402 Hearing dates: Conciliation Conference 21 May, 13 June and 3 July 2024 Date of orders: 16 July 2024 Decision date: 16 July 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA/1847/2023, as amended, for the demolition of existing structures, amalgamation of two land parcels, removal of identified trees, and the construction of a single storey 85 place centre based child care facility with basement level parking on land legally described as Lot 22, Lot 23 and Lot 24 in Deposited Plan 21348, subject to the conditions at Annexure A. Catchwords: APPEAL – Development application - child care centre - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.10, 8.11, 8.14, 8.15 Land and Environment Court Act 1979, ss 17, 34 Central Coast Local Environmental Plan 2022, cll 4.3, 4.4, 7.1, 7.6 Children (Education and Care Services) Supplementary Provisions Regulation 2012 Education and Care Services National Regulations 2011, cll 107, 108 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.23, 3.26, Cases Cited: Stewart v Inner West Council [2023] NSWLEC 136 Texts Cited: Central Coast Development Control Plan 2022 Child Care Planning Guideline 2021 Category: Principal judgment Parties: Access Strata Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)