Winphil Pty. Limited v Central Coast Council [2019] NSWLEC 1240

Land and Environment Court New South Wales

Medium Neutral Citation: Winphil Pty. Limited v Central Coast Council [2019] NSWLEC 1240 Hearing dates: Conciliation conference on 1 May 2019 Date of orders: 04 June 2019 Decision date: 04 June 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: See orders at [23] below Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Gosford Local Environmental Plan 2014 Land and Environment Court Act 1979 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: Winphil Pty. Limited (Applicant) Central Coast Council (Respondent Representation: Counsel: J Lazarus (Applicant) S Nash (Respondent)

Solicitors: K Rodgers, Brock Partners Lawyers (Applicant) M Domingo, Central Coast Council (Respondent) File Number(s): 2018/87605 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 51209/2016 for a three storey mixed use development including a kiosk, café, basement parking and six residential apartments (the proposal) at 77 Marine Parade, MacMasters Beach (the site) by Central Coast Council (the Council). 2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 1 May 2019. I presided over the conciliation conference. 3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision, if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. 5. There are jurisdictional prerequisites that must be satisfied before this function can be exercised, pursuant to cl 4.6(2) of the Gosford Local Environmental Plan 2014 (LEP 2014).