Bayside Central Pty Ltd v Central Coast Council [2024] NSWLEC 1775

Bayside Central Pty Ltd v Central Coast Council [2024] NSWLEC 1775

The appeal is upheld and development consent granted as all statutory and planning requirements have been met, the application is consistent with zone objectives, and the agreement between the parties is an outcome the Court could have made in its proper exercise of its powers.

Parties
Applicant: Bayside Central Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
03 December 2024
Procedural Posture
Development Appeal (class 1) / Disposition Following Conciliation Conference; Orders Made Following Agreement
Outcome
Appeal upheld; development consent granted, subject to conditions
Legal Topics
Development Consent, Conciliation Agreement, Jurisdictional Prerequisites, Zoning, Development Standards, Public Notification
Environmental and Planning Law Development Consent Conciliation Agreement Jurisdictional Prerequisites Zoning Development Standards Public Notification

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Parties

Bayside Central Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Development Appeal (class 1) / Disposition Following Conciliation Conference; Orders Made Following Agreement

Legal Issues

  1. 1 Whether jurisdictional prerequisites for granting development consent under Environmental Planning and Assessment Act 1979 are satisfied
  2. 2 Whether the amended development application meets requirements of Central Coast Local Environmental Plan 2022
  3. 3 Whether conditions of consent address previous contentions raised by the Council

Ratio Decidendi

The appeal is upheld and development consent granted as all statutory and planning requirements have been met, the application is consistent with zone objectives, and the agreement between the parties is an outcome the Court could have made in its proper exercise of its powers.

Court Disposition

Appeal upheld; development consent granted, subject to conditions

Orders

  • The appeal is upheld.
  • Development consent is granted to development application number DA48/2024 as amended for the demolition of existing structures and construction of four dwellings on the land at Lot 1, Lot 2 and Lot 3 in SP 15362 known as 40 Bogan Road, Booker Bay, subject to conditions of consent in Annexure A.