Prescott v Central Coast Council [2024] NSWLEC 1609

Land and Environment Court New South Wales

Medium Neutral Citation: Prescott v Central Coast Council [2024] NSWLEC 1609 Hearing dates: Conciliation Conference on 1 August 2024 Date of orders: 01 October 2024 Decision date: 01 October 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application No DA 337/2024 as amended for the demolition of the existing dwelling, construction of new dwelling with pool and detached garage on the land at 140 Araluen Drive, Hardys Bay NSW 2257 known as Lot 1 in Deposited Plan 1118822, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.17, 8.7, 10.3, Sch 1, Div 2, s 7 Land and Environment Court Act 1979, ss 34, 34AA Central Coast Local Environmental Plan 2022, cll 2.2, 2.3, 2.7, 4.3, 4.4, 5.10, 5.11, 5.21, 7.1, 7.6 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 Texts Cited: Central Coast Development Control Plan 2022 NSW Rural Fire Service, Planning for Bush Fire Protection 2019 Category: Principal judgment Parties: William Prescott (Applicant) Central Coast Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) M Ball (Solicitor) (Respondent)