Cox v Central Coast Council [2025] NSWLEC 1004

Land and Environment Court New South Wales

Medium Neutral Citation: Cox v Central Coast Council [2025] NSWLEC 1004 Hearing dates: Conciliation Conference on 31 October 2024 Date of orders: 07 January 2025 Decision date: 07 January 2025 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA/151/2024 for construction of a dwelling house, swimming pool and ancillary development at Lot 15 in DP 25815 known as 38-66 Maitland Bay Drive, Killcare Heights NSW 2257, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – Aboriginal Heritage Significance – Interim Development Order No. 122 - 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, ss 34, 34AA Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021, ss 27, 38 Central Coast Local Environmental Plan 2022, cl 2.1 Interim Development Order No 122, cll 4, 5, 18, 20, 22, 28, 29, 38A State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4 s 4.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, s 4.6 Texts Cited: Central Coast Development Control Plan 2022 Category: Principal judgment Parties: Timothy Cox (First Applicant) Bryony Cox (Second Applicant) Central Coast Council (Respondent) Representation: Counsel: N Hammond (Applicant) M Fraser (Respondent)