Pmando Holdings Pty Ltd v Central Coast Council [2024] NSWLEC 1409

Land and Environment Court New South Wales

Medium Neutral Citation: Pmando Holdings Pty Ltd v Central Coast Council [2024] NSWLEC 1409 Hearing dates: Conciliation conferences on 13 February, 14, 21 and 28 March, and 4, 10 and 26 April and 3 May 2024 Date of orders: 19 July 2024 Decision date: 19 July 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the agreed amount of $7,500, such amount to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) Development consent is granted to development application No DA/3716/2022 as amended, for alterations and additions to the Woy Woy Hotel including internal alterations to the ground floor, installation of a beer garden and play area on Lot 1 DP 657247, known as 33-39 The Boulevarde, Woy Woy, 2256, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions to heritage hotel - conciliation conference – agreement between the parties – cl 4.6 variation – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.15, Sch 1, Div 1, s 7 Land and Environment Court Act 1979, s 34 Central Coast Local Environmental Plan 2022, cll 4.1, 4.2, 4.3, 4.4, 5.10, 5.13, 5.18, 5.19, 5.21, 5.22, 5.23, 6.2, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.8, 7.9, 7.10, 7.24 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 4.2 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, Sch 5 ss 3.1, 3.6 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 Texts Cited: Central Coast Development Control Plan 2022 Category: Principal judgment Parties: Pmando Holdings Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: J Hones (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)