Lin v Central Coast Council [2025] NSWLEC 1038

Lin v Central Coast Council [2025] NSWLEC 1038

The appeal is upheld and conditional consent granted as the amended development application, following public submissions and further reports, satisfies relevant statutory criteria, planning controls, and avoids adverse impacts identified in applicable instruments.

Parties
Applicant: Haibiao Lin; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
24 January 2025
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Demolition and Construction of Dwelling, Appeal, Amended Plans, Conciliation Conference
Planning and Environment Development Application Demolition and Construction of Dwelling Appeal Amended Plans Conciliation Conference

Case Brief

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Parties

Haibiao Lin

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether consent should be granted to amended development application for demolition and construction of dwelling and pool
  2. 2 Whether statutory criteria under relevant planning instruments and local environment plan are satisfied

Ratio Decidendi

The appeal is upheld and conditional consent granted as the amended development application, following public submissions and further reports, satisfies relevant statutory criteria, planning controls, and avoids adverse impacts identified in applicable instruments.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development Application DA/309/2024 for the demolition of existing structures and construction of a dwelling house and an inground swimming pool with associated landscaping and stormwater works in relation to Lot B DP348456, being 23 Coogee Road, Point Clare is determined by the grant of consent subject to the...