Wallace v Central Coast Council (No.2) [2022] NSWLEC 1724

Wallace v Central Coast Council (No.2) [2022] NSWLEC 1724

The parties filed final agreed conditions of consent consistent with the Principal Judgment, enabling the Court to make final orders disposing of the appeal by upholding the appeal and granting development consent subject to those conditions.

Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Class 1 Development Application Appeal / Consequential Orders
Outcome
The appeal is upheld and development consent is granted subject to conditions.
Legal Topics
['development Application' 'subdivision of Land' 'bushfire Prone Land' 'biodiversity Impacts' 'squirrel Glider Habitat' 'wildlife Corridor' 'conditions of Consent']
['planning and Environment Law'] ['development Application' 'subdivision of Land' 'bushfire Prone Land' 'biodiversity Impacts' 'squirrel Glider Habitat' 'wildlife Corridor' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Consequential Orders

Legal Issues

  1. 1 ['Whether final orders should be made after the parties filed final agreed conditions of consent consistent with the Principal Judgment.']

Ratio Decidendi

The parties filed final agreed conditions of consent consistent with the Principal Judgment, enabling the Court to make final orders disposing of the appeal by upholding the appeal and granting development consent subject to those conditions.

Court Disposition

The appeal is upheld and development consent is granted subject to conditions.

Orders

  • ['The appeal is upheld.' "The Applicant's development application DA/87/2020 seeking consent for the residential subdivision of land, including one conservation lot, as well as demolition and associated works, at 51 and 53-73 Warnervale Road, Warnervale, is determined by the grant of consent, subject to the...