Peninsula Capital Holdings Pty Ltd v Central Coast Council [2025] NSWLEC 1001

Land and Environment Court New South Wales

Medium Neutral Citation: Peninsula Capital Holdings Pty Ltd v Central Coast Council [2025] NSWLEC 1001 Hearing dates: Conciliation conference 18 November 2024 Date of orders: 06 January 2025 Decision date: 06 January 2025 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant is granted leave to file the amended Development Application referred to in [6] with the Court. (2) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $3,000 within 28 days of these orders. (3) The appeal is upheld. (4) Development Application No. DA/422/2024, as amended, for the demolition of existing structures and construction of a two storey multi dwelling housing development, comprising of 3 dwellings and 5 car spaces, tree removal, and associated earthworks and retaining walls on land legally described as Lot 45 in DP7807 and known as 7 Berith Street, Umina Beach NSW 2257, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of multi dwelling housing development – conciliation conference – amended plans – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, Land and Environmental Court Act 1979, s 34 Central Coast Local Environmental Plan 2022, cll 2.7, 4.3, 4.4, 7.1, 7.6 Environmental Planning and Assessment Regulation 2021, s 23 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 2.3, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Central Coast Development Control Plan 2022 Category: Principal judgment Parties: Peninsula Capital Holdings Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: J Smith (Applicant) M Ball(Solicitor) (Respondent)