Adamo v Central Coast Council [2024] NSWLEC 1589

Land and Environment Court New South Wales

Medium Neutral Citation: Adamo v Central Coast Council [2024] NSWLEC 1589 Hearing dates: Conciliation 22 August, Hearing 23 August 2024 Date of orders: 24 September 2024 Decision date: 24 September 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA/3519/2022 for alterations and additions to the existing dwelling, construction of swimming pool, observation tower storage shed shade structure and landscape works at 96 Barnes Road, Kulnura (Lots 2,3 and 4 in DP 833467) is approved, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION: alterations and additions and construction of site structures, pool and landscape works – site has existing consent approving construction and use of a private recreation facility (a roadway) – determination of disputed conditions – appeal upheld. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.17, 8.9, 10.3 Land and Environment Court Act 1979, s 34AA Central Coast Local Environmental Plan 2022 Environmental Planning and Assessment Regulations 2021, ss 24, 27 State Environmental Planning Policy (Primary Production) 2021, Ch 3 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Cases Cited: AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112 Botany Bay City Council v Saab Corp Pty Ltd (2011) 82 NSWLR 171; [2011] NSWCA 308 Gray v Sutherland Shire Council [2016] NSWLEC 64 Newbury District Council v Secretary of State for the Environment [1981] AC 578 Texts Cited: Central Coast Development Control Plan 2022 Category: Principal judgment Parties: Nicholas Adamo (Applicant) Central Coast Council (Respondent) Representation: Counsel: C Ireland (Applicant) C Rose, Solicitor (Respondent)