Apex Intelligent Design Pty Ltd v Central Coast Council [2025] NSWLEC 1098

Land and Environment Court New South Wales

Medium Neutral Citation: Apex Intelligent Design Pty Ltd v Central Coast Council [2025] NSWLEC 1098 Hearing dates: Conciliation conference on 6 and 7 February 2025 Date of orders: 21 February 2025 Decision date: 21 February 2025 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the Applicant to amend its appeal and rely on the Further Amended Application at [17]. (2) The appeal is upheld. (3) Development consent is granted to Development Application No DA 60589/2020 for construction of a dwelling house and associated civil works at 129 Alan Street, Niagara Park, subject to the conditions of consent in Annexure 'A'. Catchwords: APPEAL – development application – dwelling house – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.7 Interpretation Act 1987, ss 30, 49, 68 Land and Environment Court Act 1979, ss 34, 34AA Central Coast Local Environmental Plan 2022 Interim Development Order 122, cll 22, 29 Environmental Planning and Assessment Regulation 2000, cll 3, 55, Sch 1, Sch 2 cl 3 Environmental Planning and Assessment Regulation 2021 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Koala Habitat Protection) 2021 State Environmental Planning Policy (Koala Habitat Protection) 2020, cl 8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: McMillan v Taylor [2023] NSWCA 183 Category: Principal judgment Parties: Apex Intelligent Design Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) M Ball (Respondent)