Carantinos v Central Coast Council [2020] NSWLEC 1469

Carantinos v Central Coast Council [2020] NSWLEC 1469

The appeal is upheld and development consent is granted to the amended DA as the application, supporting documents, and conditions satisfy all statutory, environmental, and flood management requirements and all jurisdictional prerequisites.

Jurisdiction
Australia
Judgment Date
07 October 2020
Procedural Posture
Class 1 Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld. Development consent granted with conditions.
Legal Topics
['development Application' 'flood Management' 'retaining Wall' 'local Environmental Plan' 'development Control Plan' 'conciliation Conference']
['planning and Environment'] ['development Application' 'flood Management' 'retaining Wall' 'local Environmental Plan' 'development Control Plan' 'conciliation Conference']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 ['Whether development application DA53763/2018 for filling, excavation, and construction of a retaining wall should be granted consent' 'Whether the amended development application satisfies relevant statutory and planning requirements']

Ratio Decidendi

The appeal is upheld and development consent is granted to the amended DA as the application, supporting documents, and conditions satisfy all statutory, environmental, and flood management requirements and all jurisdictional prerequisites.

Court Disposition

Appeal upheld. Development consent granted with conditions.

Orders

  • ['Applicant granted leave to amend development application DA53763/2018 to rely upon listed plans and documents' "Applicant to pay respondent's costs thrown away as a consequence of the amendments as agreed or assessed" 'The appeal is upheld' "Development consent is granted to DA53763/2018 for filling, excavation...