Landcorp Australia Pty Ltd v Central Coast Council [2025] NSWLEC 1069

Land and Environment Court New South Wales

Medium Neutral Citation: Landcorp Australia Pty Ltd v Central Coast Council [2025] NSWLEC 1069 Hearing dates: 4-6 February 2025 Date of orders: 6 February 2025 Decision date: 06 February 2025 Jurisdiction: Class 1 Before: Dixon Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs as agreed or assessed pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development consent is granted to DA/1894/2023 for a 53 lot subdivision, demolition of existing structures and construction of 6 dwellings including associated tree removal and civil infrastructure works at 23-35 Albert Warner Drive, Warnervale in accordance with the conditions marked 'Annexure A'. Catchwords: APPEAL – Development application — Conciliation conference — Agreement between the parties — Orders. Legislation Cited: Biodiversity Conservation Act 2016, ss 6.12, 6.15 7.2, 7.3, 7.4, 7.7, 7.13 Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 4.46, 4.47, 8.7, 8.15 Land and Environment Court Act 1979, s 34(1) Local Land Services Act 2013, ss 60O, Pt 5B National Parks and Wildlife Act 1974, s 90 Rural Fires Act 1997, s 100B Biodiversity Conservation Regulation 2017, cll 7.2 Environmental Planning Assessment Regulation 2021, s 38 Central Coast Local Environmental Plan 2022 State Environmental Planning Policy (Biodiversity and Conservation Act) 2021, ss 2.3, 2.7, 4.9 Cases Cited: Australian Securities and Investment Commission v Citigroup Global Markets Australia Pty Limited (No 1) [2006] FCA 845 Trade Practices Commission v TNT Management Pty Ltd (1982) 39 ALR 665 746 Greendale Road Greendale Pty Ltd v Liverpool City Council [2023] NSWLEC 1372 Texts Cited: Planning for Bushfire Protection 2019 Category: Principal judgment Parties: Landcorp Australia Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: N Eastman (Applicant) M Harker (Respondent)