Stevens Holdings Pty Limited trading as Stevens Group v Central Coast Council [2020] NSWLEC 1395

Stevens Holdings Pty Limited trading as Stevens Group v Central Coast Council [2020] NSWLEC 1395

The application for development consent is determined in accordance with the parties' agreement after the Court was satisfied that all relevant statutory requirements and planning controls had been met and that the decision was an appropriate exercise of the Court's function, as required under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Stevens Holdings Pty Limited trading as Stevens Group; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
27 August 2020
Procedural Posture
Appeal of Deemed Refusal of Development Application (class 1) / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved, subject to annexed conditions of consent.
Legal Topics
Development Application, Subdivision, Service Station, Conciliation Conference, Deemed Refusal
Planning and Environment Law Development Application Subdivision Service Station Conciliation Conference Deemed Refusal

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Parties

Stevens Holdings Pty Limited trading as Stevens Group

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal of Deemed Refusal of Development Application (class 1) / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 Whether development application for subdivision and construction of service station, restaurant, vehicle repair station, warehouse and signage should be approved under relevant planning law
  2. 2 Whether agreement reached by parties is appropriate for orders under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The application for development consent is determined in accordance with the parties' agreement after the Court was satisfied that all relevant statutory requirements and planning controls had been met and that the decision was an appropriate exercise of the Court's function, as required under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved, subject to annexed conditions of consent.

Orders

  • The appeal is upheld.
  • Development Application No. 55881/2019 is approved subject to the Conditions of Consent annexed as 'A'.