Donnelly v Central Coast Council [2021] NSWLEC 1195

Donnelly v Central Coast Council [2021] NSWLEC 1195

The jurisdictional prerequisites were satisfied: no Acid Sulphate Management Plan was required because the first-floor addition was within the existing footprint and no ground works were proposed; flood planning requirements were satisfied because the proposal did not alter the existing building footprints or flood characteristics; essential services were available; the proposal would not impact the coastal environment; contamination had been adequately considered given the historic residential use and no change of use; a BASIX Certificate accompanied the application; and public notification occurred with no objections received. Accordingly, the parties' agreed decision was one the Court...

Jurisdiction
Australia
Judgment Date
26 April 2021
Procedural Posture
Class 1 Residential Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of Development Application No. Da/484/2020 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['residential Development' 'development Consent' 'first Floor Addition to Existing Dual Occupancy' 'conciliation Conference' 'jurisdictional Prerequisites' 'acid Sulphate Soils' 'flood Planning' 'coastal Management' 'contamination and Remediation of Land' 'basix' 'public Notification']
['planning and Environment Law' 'development Appeals'] ['residential Development' 'development Consent' 'first Floor Addition to Existing Dual Occupancy' 'conciliation Conference' 'jurisdictional Prerequisites' 'acid Sulphate Soils' 'flood Planning' 'coastal Management' 'contamination and Remediation of Land' 'basix' 'public Notification']

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Procedural Posture

Class 1 Residential Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of Development Application No. Da/484/2020 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to amend the development application to rely on amended plans.' "Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites under the applicable environmental planning instruments and statutory requirements were satisfied so that development consent could be granted.']

Ratio Decidendi

The jurisdictional prerequisites were satisfied: no Acid Sulphate Management Plan was required because the first-floor addition was within the existing footprint and no ground works were proposed; flood planning requirements were satisfied because the proposal did not alter the existing building footprints or flood characteristics; essential services were available; the proposal would not impact the coastal environment; contamination had been adequately considered given the historic residential use and no change of use; a BASIX Certificate accompanied the application; and public notification occurred with no objections received. Accordingly, the parties' agreed decision was one the Court...

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend its development application to rely upon the amended plans identified in the orders.' 'The appeal is upheld.' 'Development Application No. DA-484/2020, for the construction of a first-floor addition to the rear dwelling of an existing dual occupancy (detached) development on...