Stevens Holdings v Central Coast Council [2026] NSWLEC 1290
Before: Moore AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the actual refusal by the Central Coast Council (Respondent) on 2 April 2025 of DA/389/2021 (Development Application) lodged with the Respondent on 8 April 2021 by Stevens Holdings Pty Limited (Applicant). The proposal being for a staged subdivision of one lot at 143 Sparks Road, Halloran (Site) into 33 industrial lots, one drainage lot and one residual lot for c
Catchwords
Development Application — General Industrial — conciliation — agreement reached — orders made
Outcome
The Court orders that: (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 in the agreed sum of $61,000 (excluding GST). (2) The appeal is upheld. (3) Development consent is granted to Development Application No DA/389/2021 for: (a) the subdivision of one lot into 25 lots (23 industrial lots, one drainage lot and one conservation lot) including the demolition of existing structures, clearing of vegetation, earthworks, construction of roads, upgrading of existing road intersection, provision of sewer services including a waste water pump station, drainage services including a detention basin and landscaping at 143 Sparks Road, Halloran (Lot 3 in DP 801029); (b) sewerage services across Sparks Road and along the eastern boundary of 126 Sparks Road, Warnervale (Lot 12 in DP 1149487); and (c) subject to the conditions set out in Annexure C.
Legislation cited
Biodiversity Conservation Act 2016 (NSW) Environmental Planning and Assessment Act 1979 (NSW), ss 1.3, 4.16, 8.7, 10.3, Land and Environment Court Act 1979 (NSW), s 34 Rural Fires Act 1997 (NSW) Biodiversity Conservation Regulation 2017 (NSW) Central Coast Local Environmental Plan 2022, cll 1.2, 2.3, 5.21, 6.2, 7.6 Environmental Planning and Assessment Regulation 2000 (NSW) (repealed), cl 55 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 State Environmental Planning Policy (Transport and Infrastructure) 2021 Wyong Local Environmental Plan 2013 (repealed), cll 1.2, 2.3, 5.21, 6.2, 7.9
Read the full judgment
Authoritative text on NSW Caselaw · ~17k words
Related decisions
PJM East Gosford CC Pty Ltd v Central Coast Council [2026] NSWLEC 1302
Central Coast Council · 27 May 2026
Chad Cox Pty Ltd v Central Coast Council [2026] NSWLEC 1263
Central Coast Council · 12 May 2026
Audaa Pty Ltd v Central Coast Council [2026] NSWLEC 1243
Central Coast Council · 06 May 2026
Liddell v Hawkesbury City Council [2026] NSWLEC 1314
Hawkesbury City Council · 29 May 2026
Investment 8888 v Blacktown City Council [2026] NSWLEC 1315
Blacktown City Council · 29 May 2026
Arcadia Construction (NSW) Pty Ltd v Bayside Council [2026] NSWLEC 1316
Bayside Council · 29 May 2026