Elk Designs Newcastle Pty Ltd v Central Coast Council [2025] NSWLEC 1089

Elk Designs Newcastle Pty Ltd v Central Coast Council [2025] NSWLEC 1089

The amended proposal satisfies relevant statutory and planning instrument requirements, including zone objectives, height and floor space ratio controls, flood and coastal risk, and is a permissible development for the site. The parties reached an acceptable agreement, and the Court, satisfied all preconditions were met, upholds the appeal and grants consent subject to conditions.

Parties
Applicant: Elk Designs Newcastle Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
20 February 2025
Procedural Posture
Class 1 Appeal (environmental Planning) / Post Conciliation Conference Judgment
Outcome
Appeal upheld and development application granted (with consent and conditions); applicant to pay respondent's costs of $1,500 within 28 days.
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties, Amendment of Application, Costs Orders
Environmental Law Planning Law Local Government Law Development Application Conciliation Conference Agreement Between Parties Amendment of Application Costs Orders

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Parties

Elk Designs Newcastle Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Class 1 Appeal (environmental Planning) / Post Conciliation Conference Judgment

Legal Issues

  1. 1 Whether the amended development application should be granted consent under the Environmental Planning and Assessment Act 1979 and relevant instruments.
  2. 2 Whether the proposal complies with applicable planning controls including building height, floor space ratio, and flood risk.
  3. 3 Whether pre-conditions for consent including coastal, flood and environmental impact have been met.

Ratio Decidendi

The amended proposal satisfies relevant statutory and planning instrument requirements, including zone objectives, height and floor space ratio controls, flood and coastal risk, and is a permissible development for the site. The parties reached an acceptable agreement, and the Court, satisfied all preconditions were met, upholds the appeal and grants consent subject to conditions.

Court Disposition

Appeal upheld and development application granted (with consent and conditions); applicant to pay respondent's costs of $1,500 within 28 days.

Orders

  • The appeal is upheld.
  • Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs thrown away as a result of the amendment in the amount of $1,500 within 28 days.