Goonak Pty Ltd v Central Coast Council (No 2) [2025] NSWLEC 1015

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

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Parties

Goonak Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders Following Judgment

  1. 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.