Elk Designs Newcastle Pty Ltd v Central Coast Council [2025] NSWLEC 1089

Land and Environment Court New South Wales

Medium Neutral Citation: Elk Designs Newcastle Pty Ltd v Central Coast Council [2025] NSWLEC 1089 Hearing dates: Conciliation conference on 14 February 2025 Date of orders: 20 February 2025 Decision date: 20 February 2025 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Pursuant to s 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 amendment of the application in the amount of $1,500 within 28 days of these orders. (3) Development Application No. 98/2024 for the construction of a five-unit multi-dwelling housing with strata subdivision of existing structures, at Lot F in DP 401991 known as 25 Webb Street, East Gosford NSW 2250, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.15, 8.7 Land and Environment Court Act 1979, s 34 Central Coast Local Environmental Plan 2022, cll 4.3, 4.4, 5.21 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, 4.6 Category: Principal judgment Parties: Elk Designs Newcastle Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: D Tyrrell (Solicitor) (Applicant) M Ball (Solicitor) (Respondent)