Redsab Pty Ltd v Central Coast Council [2023] NSWLEC 1280

Redsab Pty Ltd v Central Coast Council [2023] NSWLEC 1280

The appeal is upheld and consent granted because the amended DA, as supported by revised plans, documents, agreed conditions, and the parties' agreement, satisfies all relevant statutory and planning requirements, addresses resident concerns, and there are no jurisdictional impediments to making the orders sought.

Parties
Applicant: Redsab Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
07 June 2023
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Determination Following Conciliation Conference
Outcome
Appeal upheld; consent granted to amended development application
Legal Topics
Development Application, Childcare Centre, Conciliation Conference, Consent Conditions
Planning and Environment Development Application Childcare Centre Conciliation Conference Consent Conditions

Case Brief

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Parties

Redsab Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal Against Deemed Refusal of Development Application / Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application DA/520/2022 meets all relevant planning statutory and policy requirements for consent.
  2. 2 Whether resident objections regarding traffic, parking, pedestrian safety, solar access and technical assessment accuracy have been satisfactorily addressed.

Ratio Decidendi

The appeal is upheld and consent granted because the amended DA, as supported by revised plans, documents, agreed conditions, and the parties' agreement, satisfies all relevant statutory and planning requirements, addresses resident concerns, and there are no jurisdictional impediments to making the orders sought.

Court Disposition

Appeal upheld; consent granted to amended development application

Orders

  • The appeal is upheld.
  • Development Application DA/520/2022 seeking consent for demolition, excavation, tree removal and construction of a ninety-six (96) place two-storey childcare centre with basement car parking and associated works is determined by the grant of consent, subject to the conditions in Annexure A.