Peter Fryar trading as Key Urban Planning v Central Coast Council [2023] NSWLEC 1079

Peter Fryar trading as Key Urban Planning v Central Coast Council [2023] NSWLEC 1079

Decision to grant development consent to the amended application is permissible under the EPA Act and LEC Act, as all jurisdictional preconditions are met including planning controls, environmental considerations, notification, and proper agreement between the parties under s 34(3) LEC Act.

Parties
Applicant: Peter Fryar trading as Key Urban Planning; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
21 February 2023
Procedural Posture
Appeal (class 1) – Development Application / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs order in favour of Respondent
Legal Topics
Development Consent, Amended Development Application, Costs Order
Environmental Law Planning Law Development Consent Amended Development Application Costs Order

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Parties

Peter Fryar trading as Key Urban Planning

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal (class 1) – Development Application / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application can be relied on pursuant to agreement under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether the proposed mixed use development complies with applicable planning controls and preconditions for consent
  3. 3 Whether the development will have adverse coastal, contamination, or other environmental impacts

Ratio Decidendi

Decision to grant development consent to the amended application is permissible under the EPA Act and LEC Act, as all jurisdictional preconditions are met including planning controls, environmental considerations, notification, and proper agreement between the parties under s 34(3) LEC Act.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order in favour of Respondent

Orders

  • Leave granted to Applicant to amend Development Application No. 1923/2021 to rely on amended documents in Annexure A.
  • Applicant to pay Respondent's costs thrown away in the sum of $5,000.00 within 28 days.