Green v Central Coast Council [2026] NSWLEC 1405
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 refusal of development application DA/1496/2024 (the DA) for the subdivision of one (1) lot into two (2) Torrens title lots of the land described as Lot 11 DP 629366 at 203 Matcham Road, Matcham, NSW, 2250 (the site). The proposed development as lodged comprises the following elements: Proposed Lot 1 (southern portion): 7261 m2 in area; Existing dwelli
Catchwords
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Development Application DA/1496/2024 as amended for the two lot subdivision at Lot 11 in Deposited Plan 629366, known as 203 Matcham Road, Matcham, NSW, 2250, is determined by the grant of development consent subject to the conditions at Annexure A.
Legislation cited
Biodiversity Conservation Act 2016 (NSW), s 6.12 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 4.46, 8.7, Sch 1, Div 2, cl 7 Land and Environment Court Act 1979 (NSW), ss 34, 39 Rural Fires Act 1997 (NSW), s 100B Water Management Act 2000 (NSW), s 91 Biodiversity Conservation Regulation 2017 (NSW), s 7.1 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Interim Development Order No 122 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.3, 2.4, 4.9, Ch 4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 1—Development Standards (1980 EPI 10) (repealed), cll 6, 7 State Environmental Planning Policy (Planning Systems), s 4.4
Read the full judgment
Authoritative text on NSW Caselaw · ~20k words
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