Stevens Holdings Pty Limited v Central Coast Council [2025] NSWLEC 1045

Stevens Holdings Pty Limited v Central Coast Council [2025] NSWLEC 1045

As the necessary jurisdictional prerequisites were satisfied and consent authority agreed to the applicant's amendment, the proceeding was disposed of by upholding the appeal and granting development consent to the amended application subject to conditions, pursuant to the agreement reached at conciliation under s 34 of the Land and Environment Court Act 1979.

Parties
Applicant: Stevens Holdings Pty Limited; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
28 January 2025
Procedural Posture
Appeal (class 1, Development Application) / Conciliation Conference Leading to Final Consent Orders
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay Council's thrown away costs as agreed or assessed.
Legal Topics
Development Consent, Industrial Development, Conciliation Conference, Deemed Refusal
Planning and Environment Law Development Consent Industrial Development Conciliation Conference Deemed Refusal

Case Brief

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Parties

Stevens Holdings Pty Limited

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal (class 1, Development Application) / Conciliation Conference Leading to Final Consent Orders

Legal Issues

  1. 1 Whether the amended development application for light industrial development should be granted consent
  2. 2 Whether relevant planning instruments and jurisdictional prerequisites are satisfied
  3. 3 Whether agreement reached at conciliation complies with statutory requirements

Ratio Decidendi

As the necessary jurisdictional prerequisites were satisfied and consent authority agreed to the applicant's amendment, the proceeding was disposed of by upholding the appeal and granting development consent to the amended application subject to conditions, pursuant to the agreement reached at conciliation under s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay Council's thrown away costs as agreed or assessed.

Orders

  • The appeal is upheld.
  • Development application DA/2270/2023 as amended, for the light industrial development comprising 22 units and associated works at the Site, is determined by the grant of development consent subject to the conditions included at Annexure A.