Brickdock Pty Limited v Central Coast Council [2025] NSWLEC 1056

Land and Environment Court New South Wales

Medium Neutral Citation: Brickdock Pty Limited v Central Coast Council [2025] NSWLEC 1056 Hearing dates: Conciliation Conference held 17 January 2025 Date of orders: 04 February 2025 Decision date: 04 February 2025 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) The written request, prepared by Clarke Dowdle & Associates dated 15 October 2024, pursuant to cl 4.6 of the Gosford Local Environmental Plan 2014 seeking variation to the floor space ratio development standard, pursuant to cl 4.4, is upheld. (3) The written request, prepared by Clarke Dowdle & Associates dated 13 January 2025, pursuant to cl 4.6 of the Gosford Local Environmental Plan 2014 seeking variation to the height of building development standard, pursuant to cl 4.4, is upheld. (4) Development consent is granted to development application number 61806/2021 for construction of a residential flat building (6 units) on the land at Lot 39 in DP 238232, known as 75 Brick Wharf Road, Woy Woy. Catchwords: DEVELOPMENT APPEAL – residential flat building -height of building and floor space ratio development standards - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15 4.16, 8.7 Land and Environment Court Act 1979, s 34 Local Government Act 1993 Central Coast Local Environmental Plan 2022, cl 1.8A Environmental Planning and Assessment Regulation 2021, ss 27, 38 Gosford Local Environmental Plan 2014, cll 4.3, 4.4, 4.6, 5.10, 5.21, 7.1 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13, 2.18, 4.6, Chs 2, 4 State Environmental Planning Policy No. 55 Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 28 State Environmental Planning Policy Amendment (Housing) 2023 Cases Cited: Georges River Council v Eskander [2024] NSWLEC 98 Texts Cited: Gosford Development Control Plan 2013 NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: Brickdock Pty Limited ABN 35662705937 (Applicant) Central Coast Council (Respondent) Representation: Counsel: D Tyrell (Solicitor)(Applicant) M Ball (Solicitor)(Respondent)