Bayside Central Pty Ltd v Central Coast Council [2024] NSWLEC 1775

Land and Environment Court New South Wales

Medium Neutral Citation: Bayside Central Pty Ltd v Central Coast Council [2024] NSWLEC 1775 Hearing dates: Conciliation Conference on 12 September 2024 Date of orders: 03 December 2024 Decision date: 03 December 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 number DA48/2024 as amended for the demolition of existing structures and construction of four dwellings on the land at Lot 1, Lot 2 and Lot 3 in SP 15362 known as 40 Bogan Road, Booker Bay, 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 4.15, 4.16, 4.17, 8.7, Sch 1, Div 2, s 7 Land and Environment Court Act 1979, s 34 Central Coast Local Environmental Plan 2022, cll 2.2, 2.3, 2.7, 4.3, 4.4, 7.1 Environmental Planning and Assessment Regulation 2021, ss 27, 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, s 4.6 Texts Cited: Central Coast Development Control Plan 2022 NSW Acid Sulfate Soil Management Advisory Committee, Acid Sulphate Soil Manual 1998 Category: Principal judgment Parties: Bayside Central Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: D Tyrrell (Solicitor) (Applicant) M Caban (Solicitor) (Respondent)