Landcorp Australia Pty Ltd v Central Coast Council [2025] NSWLEC 1069

Landcorp Australia Pty Ltd v Central Coast Council [2025] NSWLEC 1069

The consent authority's jurisdictional and statutory prerequisites for approval having been satisfied, and the parties having resolved previously contested issues through amendment and mediation, the Court upholds the appeal and grants development consent in accordance with the parties' agreement.

Parties
Applicant: Landcorp Australia Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
06 February 2025
Procedural Posture
Appeal (class 1) / Final Judgment After Conciliation Conference
Outcome
Appeal upheld. Development consent granted subject to agreed conditions. Costs to respondent.
Legal Topics
Development Applications, Biodiversity Assessment, Bush Fire Protection, Subdivision Consent, Tree Removal, Local Environmental Plan
Planning Law Environmental Law Local Government Law Development Applications Biodiversity Assessment Bush Fire Protection Subdivision Consent Tree Removal +1 more

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Parties

Landcorp Australia Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal (class 1) / Final Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application satisfies statutory requirements for biodiversity, vegetation, and bushfire assessment
  2. 2 Whether consent should be granted for a 53-lot subdivision with associated works
  3. 3 Sufficiency of expert reports and impact mitigation measures

Ratio Decidendi

The consent authority's jurisdictional and statutory prerequisites for approval having been satisfied, and the parties having resolved previously contested issues through amendment and mediation, the Court upholds the appeal and grants development consent in accordance with the parties' agreement.

Court Disposition

Appeal upheld. Development consent granted subject to agreed conditions. Costs to respondent.

Orders

  • The Applicant is to pay the Respondent's costs as agreed or assessed pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979.
  • The appeal is upheld.