Goonak Pty Ltd v Central Coast Council (No 2) [2025] NSWLEC 1015
Development consent should be granted for the proposed childcare facility, subject to agreed conditions reflecting the Court's findings.
- Parties
- Applicant: Goonak Pty Ltd; Respondent: Central Coast Council
- Jurisdiction
- Australia
- Judgment Date
- 15 January 2025
- Procedural Posture
- Class 1 Appeal / Final Orders Following Judgment
- Outcome
- Appeal upheld; development consent granted subject to conditions
- Legal Topics
- Development Application, Deemed Refusal, Child Care Centre Consent Conditions
Case Brief
Summary, issues, holding and outcome
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Parties
Goonak Pty Ltd
Applicant
Central Coast Council
Respondent
Procedural Posture
Class 1 Appeal / Final Orders Following Judgment
Legal Issues
- 1 Whether development consent should be granted for a childcare centre at 9 Goonak Parade, Narara after deemed refusal by Central Coast Council
Ratio Decidendi
Development consent should be granted for the proposed childcare facility, subject to agreed conditions reflecting the Court's findings.
Court Disposition
Appeal upheld; development consent granted subject to conditions
Orders
- The appeal is upheld.
- DA/951/2023 for demolition of existing buildings, removal of identified trees and the construction of a centre based childcare facility for 97 children at 9 Goonak Parade, Narara, is determined by the grant of consent, subject to the conditions at Annexure A.
Full Case Text
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