Smith v Central Coast Council [2020] NSWLEC 1145

Land and Environment Court New South Wales

Medium Neutral Citation: Smith v Central Coast Council [2020] NSWLEC 1145 Hearing dates: Conciliation conference on 17 March 2020 Date of orders: 27 March 2020 Decision date: 27 March 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development application no. DA52472/2017 for the relocation of existing house and construction of new shed and stables, as well as implementation of Vegetation/Bushland Management Plan annexed to the conditions of consent, at 100 Bakali Road, Foresters Beach is approved subject to the conditions in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – relocated dwelling with new shed and stables – flooding – bushfire – EEC – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Biodiversity Conservation (Savings and Transitional) Regulation 2019 Environmental Planning and Assessment Act 1979 Gosford Interim Development Order No. 122 Gosford Local Environmental Plan 2014 Land and Environment Court Act 1979 Local Government Act 1993 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 19 – Bushland in Urban Areas State Environmental Planning Policy No 71 – Coastal Protection Threatened Species Conservation Act 1995 Texts Cited: Australian Standard Construction of Buildings in Bushfire Prone Areas AS 3959-2009 Gosford Development Control Plan 2013 Planning for Bushfire Protection Guide 2006 Category: Principal judgment Parties: Darcy Peter Smith (Applicant) Central Coast Council (Respondent) Representation: Counsel: J Doyle (Applicant) J Cole (Solicitor) (Respondent)