Apex Intelligent Design Pty Ltd v Central Coast Council [2025] NSWLEC 1098

Apex Intelligent Design Pty Ltd v Central Coast Council [2025] NSWLEC 1098

The Court, satisfied that all jurisdictional prerequisites have been met and the agreement between the parties is one it could have made in its proper exercise of functions, granted development consent to the amended application subject to conditions.

Parties
Applicant: Apex Intelligent Design Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
21 February 2025
Procedural Posture
Class 1 Appeal / Post Conciliation Conference Judgment
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Dwelling House, Conciliation Conference, Development Consent
Planning and Environment Development Application Dwelling House Conciliation Conference Development Consent

Case Brief

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Parties

Apex Intelligent Design Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference Judgment

Legal Issues

  1. 1 Whether development consent should be granted for a dwelling house on land zoned 7(a) Conservation and Scenic Protection
  2. 2 Whether the application complies with Interim Development Order 122, including minimum lot size, designation as development, height controls, environmental impact statement requirements, bushfire and biodiversity controls

Ratio Decidendi

The Court, satisfied that all jurisdictional prerequisites have been met and the agreement between the parties is one it could have made in its proper exercise of functions, granted development consent to the amended application subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • Leave granted to Applicant to amend its appeal and rely on Further Amended Application listed at [17]
  • Appeal upheld