CCS Design Pty Ltd trading as Knight Mapleton Design Partners v Central Coast Council [2024] NSWLEC 1153

CCS Design Pty Ltd trading as Knight Mapleton Design Partners v Central Coast Council [2024] NSWLEC 1153

Because the parties reached agreement to grant consent to the amended application subject to conditions, the Respondent agreed to the amendments, the Commissioner was satisfied there was no jurisdictional impediment and that the decision was one the Court could make in the proper exercise of its functions under s 34(3), the proceedings were disposed of by upholding the appeal and granting development consent in accordance with Annexure A.

Jurisdiction
Australia
Judgment Date
04 April 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da/3337/2022 / Orders Following Further Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['demolition and Construction of Dual Occupancy Development' 'amended Plans' 'conciliation Agreement' 'development Consent' 'basix' 'contamination Consideration' 'local Environmental Planning Controls']
['planning and Environment Law' 'development Applications' 'land and Environment Court Procedure'] ['demolition and Construction of Dual Occupancy Development' 'amended Plans' 'conciliation Agreement' 'development Consent' 'basix' 'contamination Consideration' 'local Environmental Planning Controls']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da/3337/2022 / Orders Following Further Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Applicant should be granted leave to rely on amended plans for development application DA/3337/2022.' "Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted for demolition, tree removal and construction of a dual occupancy with associated carparking and landscaping at 16 Sydney Avenue, Umina Beach.']

Ratio Decidendi

Because the parties reached agreement to grant consent to the amended application subject to conditions, the Respondent agreed to the amendments, the Commissioner was satisfied there was no jurisdictional impediment and that the decision was one the Court could make in the proper exercise of its functions under s 34(3), the proceedings were disposed of by upholding the appeal and granting development consent in accordance with Annexure A.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans listed at [8] of this judgment.' 'The appeal is upheld.' 'Development consent is granted to development application DA/3337/2022 for the demolition of an existing dwelling house and ancillary structures, removal of trees and construction of a dual...