Jia v Central Coast Council [2024] NSWLEC 1602

Land and Environment Court New South Wales

Medium Neutral Citation: Jia v Central Coast Council [2024] NSWLEC 1602 Hearing dates: Conciliation conference on 16 September 2024 Date of orders: 27 September 2024 Decision date: 27 September 2024 Jurisdiction: Class 1 Before: Miller AC Decision: The orders of the Court are: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment to the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $3,000. (2) Leave is granted to the Applicant to rely upon the clause 4.6 variation for height, prepared by Urbanism Planning & Development, dated 16 May 2024. (3) The appeal is upheld. (4) Development Application No. DA/497/2023 for demolition of an existing building and construction of a new two storey dwelling, a detached single storey granny flat and swimming pool on land legally described as Lot 7 Deposited Plan 14946 and known as 14 Brisbane Water Drive, Koolewong NSW 2256 is determined by the grant of consent subject to the conditions contained in Annexure A. Catchwords: APPEAL – development application – dwelling house and secondary dwelling – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15, 8.7 Land and Environment Court Act 1979, s 34 Central Coast Local Environmental Plan 2022, cll 2.7, 4.3, 4.4, 4.6, 5.4, 5.21, 7.1, 7.6 Environmental Planning and Assessment Regulation 2021, ss 23, 27, 38 State Environmental Planning Policy (Housing) 2021, Ch 4, ss 50, 52, 53 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, 2.12, 2.13, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.98, 2.99, 2.100, 2.119 Category: Principal judgment Parties: Lina Jia (Applicant) Central Coast Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)