Peninsula Capital Holdings Pty Ltd v Central Coast Council [2025] NSWLEC 1001

Peninsula Capital Holdings Pty Ltd v Central Coast Council [2025] NSWLEC 1001

The Court upheld the appeal and granted conditional development consent as satisfied that all legal controls and requirements, including planning instruments, notification requirements, compliance with environmental and essential services controls, and agreement between the parties, were met under the statutory scheme.

Parties
Applicant: Peninsula Capital Holdings Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
06 January 2025
Procedural Posture
Appeal Development Application Refusal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered
Legal Topics
Development Applications, Multi Dwelling Housing, Demolition, Conciliation Conference, Amended Plans, Consent Orders
Planning and Environment Development Applications Multi Dwelling Housing Demolition Conciliation Conference Amended Plans Consent Orders

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Parties

Peninsula Capital Holdings Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal Development Application Refusal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application for demolition and construction of multi dwelling housing can be granted consent
  2. 2 Whether statutory and planning controls are complied with for the development
  3. 3 Whether essential services and environmental impacts are adequately addressed

Ratio Decidendi

The Court upheld the appeal and granted conditional development consent as satisfied that all legal controls and requirements, including planning instruments, notification requirements, compliance with environmental and essential services controls, and agreement between the parties, were met under the statutory scheme.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs ordered

Orders

  • The Applicant is granted leave to file the amended Development Application referred to in [6] with the Court.
  • The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $3,000 within 28 days of these orders.