Burgess v Central Coast Council [2024] NSWLEC 1227

Burgess v Central Coast Council [2024] NSWLEC 1227

The appeal is upheld and consent granted because the proposed development, as amended by agreement of the parties, satisfies all relevant statutory requirements and planning controls, and all issues raised in submissions have been adequately addressed either by amendment or consent conditions.

Parties
Applicant: Mark Burgess; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
10 May 2024
Procedural Posture
Appeal (class 1) / Post Conciliation Judgment
Outcome
Appeal upheld; development consent granted with conditions
Legal Topics
Development Application, Dual Occupancy, Torrens Title Subdivision, Local Environmental Plans, State Environmental Planning Policies, Conciliation Conference
Planning and Environment Law Development Application Dual Occupancy Torrens Title Subdivision Local Environmental Plans State Environmental Planning Policies Conciliation Conference

Case Brief

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Parties

Mark Burgess

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal (class 1) / Post Conciliation Judgment

Legal Issues

  1. 1 Whether the proposed attached dual occupancy and 2 Lot Torrens Title subdivision is compliant with applicable planning instruments and policies
  2. 2 Whether the amended plans and application satisfy statutory requirements for development consent
  3. 3 Whether flood planning, acid sulfate soils, and essential services considerations are adequately addressed

Ratio Decidendi

The appeal is upheld and consent granted because the proposed development, as amended by agreement of the parties, satisfies all relevant statutory requirements and planning controls, and all issues raised in submissions have been adequately addressed either by amendment or consent conditions.

Court Disposition

Appeal upheld; development consent granted with conditions

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application Number DA/1719/2022 for the construction of an attached dual occupancy and 2 Lot Torrens Title subdivision on the land at 62 Thompson Street, Long Jetty (Lot 8 Sec 1 DP 12043), subject to conditions of consent in Annexure A.