Pollicina v Central Coast Council [2024] NSWLEC 1368

Pollicina v Central Coast Council [2024] NSWLEC 1368

The appeal is upheld and development consent granted because the requirements for height variation are met, requisite statutory and environmental considerations have been addressed, and agreement was reached at conciliation regarding amended plans and documents.

Jurisdiction
Australia
Judgment Date
02 July 2024
Procedural Posture
Appeal Against Deemed Refusal of Development Application (class 1) / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted with conditions.
Legal Topics
['development Application' 'height Variation' 'consent Conditions' 'coastal Use Area' 'acid Sulfate Soils' 'essential Services']
['planning and Environment Law'] ['development Application' 'height Variation' 'consent Conditions' 'coastal Use Area' 'acid Sulfate Soils' 'essential Services']

Case Brief

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Procedural Posture

Appeal Against Deemed Refusal of Development Application (class 1) / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for the construction of a residential dwelling with basement garage and roof terrace with swimming pool' 'Whether the variation to the height standard under Clause 4.6 of Central Coast Local Environmental Plan 2022 is justified' 'Compliance with coastal use area provisions' 'Suitability of land regarding contamination and acid sulfate soils' 'Availability of essential services']

Ratio Decidendi

The appeal is upheld and development consent granted because the requirements for height variation are met, requisite statutory and environmental considerations have been addressed, and agreement was reached at conciliation regarding amended plans and documents.

Court Disposition

Appeal upheld; development consent granted with conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application DA/1349/2023 for the construction of a residential dwelling with basement garage and roof terrace with swimming pool at 57 Kurrawyba Avenue, Terrigal, subject to the conditions of consent in Annexure A.']