Blanch v Central Coast Council [2023] NSWLEC 1744

Blanch v Central Coast Council [2023] NSWLEC 1744

The appeal was upheld and development consent granted because the proposed development was permissible with consent in the zone, complied with minimum lot size and other statutory and planning requirements, and the agreement between the parties met the statutory test for consent orders under s 34(3) of the Land and Environmental Court Act 1979.

Parties
Applicant: Ty Barron Blanch; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
07 December 2023
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application granted consent subject to conditions.
Legal Topics
Development Application, Dual Occupancy, Flood Planning, Essential Services, Bushfire Prone Land, Amendment of Application, Environmental Impact, Biodiversity, Sustainability
Planning Law Environmental Law Local Government Law Development Application Dual Occupancy Flood Planning Essential Services Bushfire Prone Land +4 more

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Parties

Ty Barron Blanch

Applicant

Central Coast Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed dual occupancy development is permissible with consent under applicable planning controls
  2. 2 Whether the development complies with relevant provisions relating to flood planning, essential services, bushfire risk, environmental impacts, and minimum lot size
  3. 3 Whether the Court can make the orders sought by agreement between parties at conciliation

Ratio Decidendi

The appeal was upheld and development consent granted because the proposed development was permissible with consent in the zone, complied with minimum lot size and other statutory and planning requirements, and the agreement between the parties met the statutory test for consent orders under s 34(3) of the Land and Environmental Court Act 1979.

Court Disposition

Appeal upheld; development application granted consent subject to conditions.

Orders

  • The appeal is upheld.
  • Development application number DA/1240/2022, as amended, for the construction of a dual occupancy dwelling house and a driveway on Lot 101 DP 840141, 100 Berkeley Road, Fountaindale NSW 2258, is determined by the grant of consent subject to conditions included in Annexure A.