Smith v Central Coast Council [2020] NSWLEC 1145

Smith v Central Coast Council [2020] NSWLEC 1145

The agreement between the parties resolving all jurisdictional and planning issues—specifically regarding bushfire risk, endangered ecological communities, compliance with statutory prerequisites, and community objections—supported the approval of the development application subject to detailed conditions.

Parties
Applicant: Darcy Peter Smith; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
27 March 2020
Procedural Posture
Appeal (class 1) / Judgment After Conciliation Conference and Agreement
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Bushfire Prone Land, Endangered Ecological Communities, Zoning, Flooding, Public Notification, Consent Orders
Planning and Environment Development Application Bushfire Prone Land Endangered Ecological Communities Zoning Flooding Public Notification Consent Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Darcy Peter Smith

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal (class 1) / Judgment After Conciliation Conference and Agreement

Legal Issues

  1. 1 Whether the development application for relocation of existing house and construction of new shed and stables (DA52472/2017) should be approved subject to conditions, considering relevant environmental, flood, bushfire, and planning controls.

Ratio Decidendi

The agreement between the parties resolving all jurisdictional and planning issues—specifically regarding bushfire risk, endangered ecological communities, compliance with statutory prerequisites, and community objections—supported the approval of the development application subject to detailed conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal is upheld.
  • Development application no. DA52472/2017 for the relocation of existing house and construction of new shed and stables, as well as implementation of Vegetation/Bushland Management Plan annexed to the conditions of consent, at 100 Bakali Road, Foresters Beach is approved subject to the conditions in Annexure 'A'.