Gardiner v Central Coast Council [2020] NSWLEC 1077

Land and Environment Court New South Wales

Medium Neutral Citation: Gardiner v Central Coast Council [2020] NSWLEC 1077 Hearing dates: 14 January 2020, written submissions 10 February 2020 Date of orders: 25 February 2020 Decision date: 25 February 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development consent is granted to a two lot residential subdivision, demolition of a garden shed and removal of one tree at 16 Marathon Street, Wyong (Lot 14 Section 2 DP 4361), subject to the conditions in Annexure 'A'. (3) The exhibits are returned. Catchwords: DEVELOPMENT APPLICATION — subdivision – flood affected land – whether there is a safe evacuation route – satisfaction of precondition to consent – whether the creation of an easement for evacuation is warranted. Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Coastal Management) 2018 Wyong Local Environmental Plan 2013 Cases Cited: Michael Brown Planning Strategies v Wingecarribee Shire Council (No 2) [2019] NSWLEC 192 Texts Cited: Australian Institute for Disaster, Resilience Flood Hazard Guideline 7-3 (Fullpoint Media, 2017) Wyong Development Control Plan 2013 Category: Principal judgment Parties: Peter Wesley Gardiner (First Applicant) Nicola Jane Gardiner (Second Applicant) Central Coast Council (Respondent) Representation: Counsel: P Donnellan (Solicitor) (Applicant) L Nurpuri (Respondent)