Denny v Central Coast Council [2019] NSWLEC 1484

The appeal is upheld and development application DA 54624/2018 is approved because the amended plans and conditions of consent satisfy relevant statutory requirements, planning controls, zone objectives, and ecological considerations.

Jurisdiction: Australia
Judgment Date: 15 October 2019
Procedural Posture: Class 1 Appeal / Post Conciliation Conference; Judgment and Orders
Outcome: Appeal upheld; development application approved subject to conditions
Legal Topics: ['development Application' 'conciliation Conference' 'bushfire Protection' 'ecological Values' 'compliance With Local Environmental Plan' 'compliance With Development Control Plan']

['planning and Environment'] ['development Application' 'conciliation Conference' 'bushfire Protection' 'ecological Values' 'compliance With Local Environmental Plan' 'compliance With Development Control Plan']

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

Procedural Posture

Class 1 Appeal / Post Conciliation Conference; Judgment and Orders

Legal Issues

1 ['Whether the development application DA 54624/2018 should be approved subject to conditions' 'Consistency with Gosford Local Environmental Plan 2014' 'Consistency with Gosford Development Control Plan 2013' 'Compliance with bushfire protection requirements' 'Permissibility in E4 Environmental Living zone']

Ratio Decidendi

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

['The appeal is upheld.' "Development application DA 54624/2018 is approved, subject to the conditions in Annexure 'A'."]