Goonak Pty Ltd v Central Coast Council [2024] NSWLEC 1828

Goonak Pty Ltd v Central Coast Council [2024] NSWLEC 1828

It is a fundamental requirement of this proposal that traffic movement on Goonak Parade be restricted to one-way northbound, as the Plan of Management does not provide an effective response to traffic safety concerns and additional child care places or other agreed traffic management works do not counterbalance the risks associated with increased use of the unsafe Goonak Parade/Pacific Highway intersection.

Parties
Applicant: Goonak Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
19 December 2024
Procedural Posture
Appeal Under S 8.7(1) Environmental Planning and Assessment Act 1979 (class 1) / Judgment and Directions for Consent Conditions
Outcome
Directions issued for parties to agree on particulars and file conditions of consent aligned with judgment findings; no grant of development consent until satisfactory conditions are filed.
Legal Topics
Development Application, Child Care Centre, Traffic Safety, Conditions of Consent
Planning and Environment Development Application Child Care Centre Traffic Safety Conditions of Consent

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Parties

Goonak Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal Under S 8.7(1) Environmental Planning and Assessment Act 1979 (class 1) / Judgment and Directions for Consent Conditions

Legal Issues

  1. 1 Whether a proposed plan of management provides an effective response to traffic safety concerns regarding the Goonak Parade/Pacific Highway intersection
  2. 2 Whether road works requiring approval from the Local Traffic Committee (LTC) are essential to the grant of consent for the development

Ratio Decidendi

It is a fundamental requirement of this proposal that traffic movement on Goonak Parade be restricted to one-way northbound, as the Plan of Management does not provide an effective response to traffic safety concerns and additional child care places or other agreed traffic management works do not counterbalance the risks associated with increased use of the unsafe Goonak Parade/Pacific Highway intersection.

Court Disposition

Directions issued for parties to agree on particulars and file conditions of consent aligned with judgment findings; no grant of development consent until satisfactory conditions are filed.

Orders

  • By 10 January 2025, parties to confer and agree on particulars of the conditions of consent which reflect the findings of the judgment and file the agreed conditions.
  • Matter listed for Online Court – request required 13 January 2025 (listing to be vacated if agreed conditions filed prior).