Lin v Central Coast Council [2025] NSWLEC 1038

Land and Environment Court New South Wales

Medium Neutral Citation: Lin v Central Coast Council [2025] NSWLEC 1038 Hearing dates: Conciliation conference 16, 17 December 2024 Date of orders: 24 January 2025 Decision date: 24 January 2025 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA/309/2024 for the demolition of existing structures and construction of a dwelling house and an inground swimming pool with associated landscaping and stormwater works in relation to Lot B DP348456, being 23 Coogee Road, Point Clare is determined by the grant of consent subject to the conditions set out in Annexure 'A' to this agreement. Catchwords: DEVELOPMENT APPLICATION: Demolition and construction of a new dwelling house and pool – 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 Environment Court Act 1979, ss 34, 34AA Central Coast Local Environmental Plan 2022, cll 2.7, 4.3, 7.1, 7.6 Environmental Planning and Assessment Regulation 2021, ss 23, 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.3 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 4.6, 2.10, 2.11, 2.12, 2.13 Category: Principal judgment Parties: Haibiao Lin (Applicant) Central Coast Council (Respondent) Representation: Counsel: T March (Applicant) C Rose, solicitor (Respondent)