Pertinax (Aust) Pty Ltd v Central Coast Council [2026] NSWLEC 1594
Before: Targett C · NSW Land and Environment Court
Summary
APPEAL — Development application — childcare centre — conciliation conference — agreement between the parties — orders
Catchwords
APPEAL — Development application — childcare centre — conciliation conference — agreement between the parties — orders
Outcome
The Court orders that: (1) The applicant is to pay the respondent’s costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the sum of $8,000 within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development Application No DA/47/2026, as amended, for the construction of a two storey, 103 place centre-based child care facility with parking on land legally described as Lots 6, 7 and 8 in DP 749025, Lot 40 in DP 1161566 and Lot 20 in DP 1228954, and known as 1 Debenham Road South, West Gosford, NSW 2250, is determined by the grant of consent subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.14, 4.15, 4.46, 8.7, 8.10, 8.14, 8.15 Land and Environment Court Act 1979 (NSW), ss 17, 34 Rural Fires Act 1997 (NSW), s 100B Central Coast Local Environmental Plan 2022, cll 4.3, 4.4, 4.6, 6.2, 7.1, 7.6 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119, 2.120, 3.23, 3.26 3.23, 3.26, Ch 3
Read the full judgment
Authoritative text on NSW Caselaw · ~31k words
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