Vicary Pty Ltd v Central Coast Council [2025] NSWLEC 1003

Vicary Pty Ltd v Central Coast Council [2025] NSWLEC 1003

The appeal is upheld and development consent granted because, following amendments, the application complies with all statutory requirements and planning controls, all relevant impacts have been considered and adequately addressed, and the agreement reached by the parties satisfies the jurisdictional prerequisites for consent.

Parties
Applicant: Vicary Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
07 January 2025
Procedural Posture
Class 1 Appeal / Post Conciliation Conference; Orders Disposing of Proceedings
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Applications, Coastal Management, Demolition and Erection of Dwelling, Conciliation Conference, Jurisdictional Prerequisites
Planning and Environment Development Applications Coastal Management Demolition and Erection of Dwelling Conciliation Conference Jurisdictional Prerequisites

Case Brief

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Parties

Vicary Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference; Orders Disposing of Proceedings

Legal Issues

  1. 1 Whether development consent should be granted for demolition and erection of dwelling
  2. 2 Whether preconditions in planning instruments and statutes are satisfied for grant of consent to development application

Ratio Decidendi

The appeal is upheld and development consent granted because, following amendments, the application complies with all statutory requirements and planning controls, all relevant impacts have been considered and adequately addressed, and the agreement reached by the parties satisfies the jurisdictional prerequisites for consent.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application DA2209/2023 for the demolition of existing structures and the erection of a New Dwelling House at Lot 8 in DP 12022, known as 75 Ocean View Drive, Wamberal.