Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (No 2) [2019] NSWLEC 171

Land and Environment Court New South Wales

Medium Neutral Citation: Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (No 2) [2019] NSWLEC 171 Hearing dates: 5-8 August 2019, 30 August 2019 (Applicant's written submissions, 10 September 2019 (Respondent's written submissions) Decision date: 07 November 2019 Jurisdiction: Class 4 Before: Pain J Decision: (1) Complying Development Certificate No 14-0912 issued on 21 December 2015 is invalid and of no effect (Masterplan CDC).

(2) Complying Development Certificate No 14-0912-3 issued on 20 March 2017 is invalid and of no effect (MOD3 CDC).

(3) Complying Development Certificate No 14-0912-4 issued on 26 September 2017 is invalid and of no effect (MOD4 CDC). Catchwords: JUDICIAL REVIEW – validity of complying development certificate titled "Masterplan CDC" for land zoned industrial – whether proceedings statute barred – staged development cannot be subject of complying development certificate – development subject of Masterplan CDC impermissibly designated development – failure to comply with State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 means not complying development

JUDICIAL REVIEW – validity of two modifications of Masterplan CDC – failure to comply with State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 means not complying development

CIVIL ENFORCEMENT – deposition of fill without development consent – unauthorised deposition of fill in neighbouring council reserves – inadequate or no sediment and erosion control measures in place for fill deposition

CIVIL ENFORCEMENT – operation of resource recovery facility on land without development consent