Goonak Pty Ltd v Central Coast Council [2024] NSWLEC 1828

Land and Environment Court New South Wales

Medium Neutral Citation: Goonak Pty Ltd v Central Coast Council [2024] NSWLEC 1828 Hearing dates: 16-17 October 2024 Date of orders: 19 December 2024 Decision date: 19 December 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court directs that: (1) By 10 January 2025, the parties are to confer and agree on the particulars of the conditions of consent which reflect the findings of this judgement and file the agreed conditions. (2) The matter is also listed for Online Court – request required 13 January 2025 (listing to be vacated if agreed conditions filed prior). Catchwords: APPEAL – development application – child care centre – traffic safety – whether a proposed plan of management provides an effective response to traffic safety concerns – whether certain road works which would require approval from the Local Traffic Committee are essential to the grant of consent Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Central Coast Local Environmental Plan 2022, cl 7.6 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021 Cases Cited: Northmead P Pty Ltd ATF Northmead Discretionary Trust v City of Parramatta Council [2024] NSWLEC 1608 Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Category: Principal judgment Parties: Goonak Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) C Rose (Solicitor) (Respondent)