Broadworth Developments Pty Ltd v Central Coast Council [2024] NSWLEC 1476
As the modified development will be substantially the same as originally approved, the Council's merit concerns have been resolved, and the parties' agreement is within power, the appeal is upheld and the development consent is modified as agreed.
- Parties
- Applicant: Broadworth Developments Pty Ltd; Respondent: Central Coast Council
- Jurisdiction
- Australia
- Judgment Date
- 06 August 2024
- Procedural Posture
- Appeal / Final Determination After Conciliation Conference
- Outcome
- Appeal upheld; development consent modified by agreement
- Legal Topics
- Development Application, Modification, General Industry, Conciliation, Land Use Restrictions
Case Brief
Summary, issues, holding and outcome
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Parties
Broadworth Developments Pty Ltd
Applicant
Central Coast Council
Respondent
Procedural Posture
Appeal / Final Determination After Conciliation Conference
Legal Issues
- 1 Whether development consent no. DA/827/2014/A should be modified to delete Condition 23 requiring lot consolidation and permit other changes
- 2 Whether the parties' agreement should be the basis for final orders under s 34(3) Land and Environment Court Act 1979
Ratio Decidendi
As the modified development will be substantially the same as originally approved, the Council's merit concerns have been resolved, and the parties' agreement is within power, the appeal is upheld and the development consent is modified as agreed.
Court Disposition
Appeal upheld; development consent modified by agreement
Orders
- The appeal is upheld.
- Development consent no. DA/827/2014/A is modified in the terms set out in Annexure A.
Full Case Text
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