Lloyds Building & Development Pty Ltd v Central Coast Council [2025] NSWLEC 1039

Land and Environment Court New South Wales

Medium Neutral Citation: Lloyds Building & Development Pty Ltd v Central Coast Council [2025] NSWLEC 1039 Hearing dates: Conciliation Conference 6 November 2024 Date of orders: 24 January 2025 Decision date: 24 January 2025 Jurisdiction: Class 1 Before: Targett C Decision: Proceedings 2024/177708 The Court orders that: (1) The appeal is upheld. (2) Development Application DA/286/2024 (as amended) for the demolition of existing structures on the site, subdivision, construction of three (3) townhouses and associated works at 216 Terrigal Drive, Terrigal NSW 2260, is determined by the grant of consent subject to conditions contained in Annexure A. (3) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs thrown away as a result of the amendments to the development application in the agreed amount of $2,000 within 28 days of these orders. Proceedings 2024/177709 The Court orders that: (1) The appeal is upheld. (2) Development Application DA/13/2024 (as amended) for the demolition of existing structures on the site, subdivision, construction of three (3) townhouses and associated works at 218 Terrigal Drive, Terrigal NSW 2260, is determined by the grant of consent subject to conditions contained in Annexure B. (3) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs thrown away as a result of the amendments to the development application in the agreed amount of $2,000 within 28 days of these orders. Catchwords: APPEAL – Development application - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.10, 8.11, 8.15 Roads Act 1993, s 138 Land and Environment Court Act 1979, ss 17, 34 Central Coast Local Environmental Plan 2022, cll 5.21, 7.1 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.3, 2.4, 2.8, 2.10, 2.11, 2.13, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Texts Cited: Central Coast Development Control Plan 2022 Category: Principal judgment Parties: Lloyds Building & Development Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: J Frangi (Solicitor) (Applicant) M Ball (Solicitor) (Respondent)