Audaa Pty Ltd v Central Coast Council [2026] NSWLEC 1243
Before: Kullen AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of development application No DA/287/2025 (the DA) for the partial demolition, alterations and additions to an existing dwelling, tree removal, infilling of an existing swimming pool, and construction of a new centre-based childcare facility with 80 children and associated signage and car parking, and ancillary site works including landscaping and stormwater draina
Catchwords
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — centre based child care facility — orders
Outcome
The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, as agreed or assessed, and such amount is to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) Development Application No. DA/287/2025, as amended, for the demolition of the existing dwelling, tree removal, infilling of an existing swimming pool, and construction of a new centre-based childcare facility comprising 72 children, associated signage and car parking, and ancillary site works including landscaping and stormwater drainage works at Lot 1 DP 849491, known as 35 Hanlan Street South, Narara, NSW 2250 is determined by the grant of development consent subject to the conditions at Annexure A.
Legislation cited
Contaminated Land Management Act 1997 (NSW), ss 58, 60 Environmental Planning and Assessment Act 1979 (NSW), Pt 4, ss 4.15, 4.16, 4.17, 8.7, 8.15, Sch 1, Div 2, s 7 Land and Environment Court Act 1979 (NSW), s 34 Local Land Services Act 2013 (NSW), s 60O Protection of the Environment Operations Act 1997 (NSW), s 308 Central Coast Local Environmental Plan, 2022, cll 2.2, 2.3, 2.7, 4.3, 4.4, 7.1, 7.6 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, Ch 3 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.25, 3.26
Read the full judgment
Authoritative text on NSW Caselaw · ~26k words
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