Broadworth Developments Pty Ltd v Central Coast Council [2024] NSWLEC 1477

Broadworth Developments Pty Ltd v Central Coast Council [2024] NSWLEC 1477

The appeal succeeds and the modification is granted because the parties addressed the Court’s and Council’s concerns through agreement, the scope of changes is minor and within power, and the legal requirements under s 34(3) Land and Environment Court Act 1979 and s 4.55(1A) Environmental Planning and Assessment Act 1979 are satisfied.

Parties
Applicant: Broadworth Developments Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
06 August 2024
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Development consent modified by agreement.
Legal Topics
Modification Application, Development Consent, Industrial Building, Merit Appeal, Restrictive Covenant
Planning and Environment Modification Application Development Consent Industrial Building Merit Appeal Restrictive Covenant

Case Brief

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Parties

Broadworth Developments Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the modification application for development consent DA/1565/2021 should be granted
  2. 2 Whether deletion of Condition 5.9 (consolidation of lots) and roller door modification are appropriate
  3. 3 Whether merit issues regarding internal vehicular movement and lot interdependence are addressed

Ratio Decidendi

The appeal succeeds and the modification is granted because the parties addressed the Court’s and Council’s concerns through agreement, the scope of changes is minor and within power, and the legal requirements under s 34(3) Land and Environment Court Act 1979 and s 4.55(1A) Environmental Planning and Assessment Act 1979 are satisfied.

Court Disposition

Appeal upheld. Development consent modified by agreement.

Orders

  • The appeal is upheld.
  • Development consent no. DA/1565/2021 is modified in the terms set out in Annexure A.