Pastoral Investment Land & Loan Pty Ltd v Central Coast Council [2022] NSWLEC 1152

Pastoral Investment Land & Loan Pty Ltd v Central Coast Council [2022] NSWLEC 1152

Court upheld the appeal and determined the concept development application by granting consent subject to agreed conditions, having found that relevant planning and ecological prerequisites were satisfied and the decision was one the Court could have made.

Source-derived case information.

Parties
Applicant: Pastoral Investment Land & Loan Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
23 March 2022
Procedural Posture
Class 1 Appeal / Conciliation Conference, Judgment
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Boundary Realignment, Vegetation Clearing, Zoning, Endangered Species, Conciliation Conference, Conditions of Consent
Environmental Law Planning Law Development Application Boundary Realignment Vegetation Clearing Zoning Endangered Species Conciliation Conference +1 more

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Summary, issues, holding and outcome

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Parties

Pastoral Investment Land & Loan Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference, Judgment

Legal Issues

  1. 1 Whether development consent should be granted for staged concept development including boundary realignment and clearing of native vegetation
  2. 2 Compliance with zoning objectives and planning instruments
  3. 3 Assessment of ecological impacts and threatened species

Ratio Decidendi

Court upheld the appeal and determined the concept development application by granting consent subject to agreed conditions, having found that relevant planning and ecological prerequisites were satisfied and the decision was one the Court could have made.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Consent is granted to concept development application no 1487/2017 for concept development - boundary realignment (subdivision), clearing of native vegetation (stage 1) and a concept proposed for a landscape supply business and self-storage units (stage 2) at 130-134 Sparks Road, Warnervale NSW, subject to...