Elk Designs Newcastle Pty Ltd v Central Coast Council [2025] NSWLEC 1090

Land and Environment Court New South Wales

Medium Neutral Citation: Elk Designs Newcastle Pty Ltd v Central Coast Council [2025] NSWLEC 1090 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. 239/2024 for the construction of a five-unit multi-dwelling housing with strata subdivision, on Lot 20 in DP 1297386 known as 44 Althorp 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)