Woongarrah ELC Pty Ltd v Central Coast Council [2024] NSWLEC 1714

Land and Environment Court New South Wales

Medium Neutral Citation: Woongarrah ELC Pty Ltd v Central Coast Council [2024] NSWLEC 1714 Hearing dates: Conciliation Conference held on 5 September, 18 September, 8 October, 21 October and 25 October 2024 Date of orders: 06 November 2024 Decision date: 06 November 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Modification Application No. DA/100/2014/F is approved and Development Consent No. DA/100/2014 is modified in the terms in Annexure A. (3) Development Consent No. DA/100/2014 as modified by the Court is Annexure B. Catchwords: DEVELOPMENT APPEAL – modification of consent – child care centre – increase in number of children – improved acoustic impacts on neighbours – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 113 Cases Cited: Canterbury-Bankstown Council v Realize Architecture Pty Ltd [2024] NSWLEC 31 Realize Architecture Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1437 Zaki v Ku-ring-gai Council [2019] NSWLEC 1614 Category: Principal judgment Parties: Woongarrah ELC Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: P Clarke (Solicitor) (Applicant) M Ball (Solicitor) (Respondent)