Brickdock Pty Limited v Central Coast Council - [2025] NSWLEC 1056

Land and Environment Court

New South Wales

Medium Neutral Citation: Brickdock Pty Limited v Central Coast Council [2025] NSWLEC 1056
Hearing dates: Conciliation Conference held 17 January 2025
Date of orders: 04 February 2025
Decision date: 04 February 2025
Jurisdiction: Class 1
Before: Espinosa C
Decision:
The Court orders:
(1) The appeal is upheld.
(2) The written request, prepared by Clarke Dowdle & Associates dated 15 October 2024, pursuant to cl 4.6 of the Gosford Local Environmental Plan 2014 seeking variation to the floor space ratio development standard, pursuant to cl 4.4, is upheld.
(3) The written request, prepared by Clarke Dowdle & Associates dated 13 January 2025, pursuant to cl 4.6 of the Gosford Local Environmental Plan 2014 seeking variation to the height of building development standard, pursuant to cl 4.4, is upheld.
(4) Development consent is granted to development application number 61806/2021 for construction of a residential flat building (6 units) on the land at Lot 39 in DP 238232, known as 75 Brick Wharf Road, Woy Woy.

Catchwords:
DEVELOPMENT APPEAL – residential flat building -height of building and floor space ratio development standards - conciliation conference – agreement between the parties - orders

Legislation Cited:
Environmental Planning and Assessment Act 1979, ss 4.15 4.16, 8.7
Land and Environment Court Act 1979, s 34
Local Government Act 1993
Central Coast Local Environmental Plan 2022, cl 1.8A
Environmental Planning and Assessment Regulation 2021, ss 27, 38
Gosford Local Environmental Plan 2014, cll 4.3, 4.4, 4.6, 5.10, 5.21, 7.1
State Environmental Planning Policy (Coastal Management) 2018
State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13, 2.18, 4.6, Chs 2, 4
State Environmental Planning Policy No. 55 Remediation of Land
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 28
State Environmental Planning Policy Amendment (Housing) 2023

Cases Cited:
Georges River Council v Eskander [2024] NSWLEC 98

Texts Cited:
Gosford Development Control Plan 2013
NSW Department of Planning and Environment, Apartment Design Guide, July 2015

Category: Principal judgment
Parties: Brickdock Pty Limited ABN 35662705937 (Applicant)
Central Coast Council (Respondent)
Representation:
Counsel:
D Tyrell (Solicitor)(Applicant)
M Ball (Solicitor)(Respondent)
Solicitors:
Tyrrells Law (Applicant)
Central Coast Council (Respondent)

File Number(s): 2023/439913
Publication restriction: No

Judgment

COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of Development Application 61806/2021 seeking consent for the demolition of an existing dwelling and construction of a 3 storey residential flat building comprising 6 units (Proposed Development) at 75 Brick Wharf Road, Woy Woy legally described as Lot 39 in Deposited Plan 238232 (the Site).
The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 17 January 2025. I presided over the conciliation conference.
The parties agree that all contentions raised in the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWLEC 1056
Decision Date: 04 February 2025

CaseChat Overview and Summary

The appeal was heard by the Land and Environment Court of New South Wales between Brickdock Pty Limited and the Central Coast Council. The developer, Brickdock Pty Limited, sought a variation to the floor space ratio and building height standards as outlined in the Gosford Local Environmental Plan 2014. The Council opposed these variations, leading to the developer’s appeal to the court.

The court was required to determine whether the developer’s requests for variations to the floor space ratio and building height standards complied with the statutory provisions under the Gosford Local Environmental Plan 2014. Specifically, the court needed to assess whether the requests adhered to the requirements under clause 4.6 and the overall compatibility with clause 4.4 of the Plan. Additionally, the court had to consider whether the variations were in the public interest and consistent with the overarching environmental and planning policies.

In its decision, the court found that the developer's requests were consistent with the statutory requirements under the Gosford Local Environmental Plan 2014. The court held that the variations sought were appropriately justified and aligned with the objectives of the Plan. Furthermore, the court considered the public interest aspects and determined that the proposed development would not adversely affect the environment or the community. Therefore, the court upheld the developer's requests and granted development consent for the construction of a residential flat building on the specified land.

Orders

Orders of the court

The Court orders:

(1) The appeal is upheld.

(2) The written request, prepared by Clarke Dowdle & Associates dated 15 October 2024, pursuant to cl 4.6 of the Gosford Local Environmental Plan 2014 seeking variation to the floor space ratio development standard, pursuant to cl 4.4, is upheld.

(3) The written request, prepared by Clarke Dowdle & Associates dated 13 January 2025, pursuant to cl 4.6 of the Gosford Local Environmental Plan 2014 seeking variation to the height of building development standard, pursuant to cl 4.4, is upheld.

(4) Development consent is granted to development application number 61806/2021 for construction of a residential flat building (6 units) on the land at Lot 39 in DP 238232, known as 75 Brick Wharf Road, Woy Woy.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Brickdock Pty Limited v Central Coast Council [2025] NSWLEC 1056
Hearing dates:	Conciliation Conference held 17 January 2025
Date of orders:	04 February 2025
Decision date:	04 February 2025
Jurisdiction:	Class 1
Before:	Espinosa C
Decision:	The Court orders: (1) The appeal is upheld. (2) The written request, prepared by Clarke Dowdle & Associates dated 15 October 2024, pursuant to cl 4.6 of the Gosford Local Environmental Plan 2014 seeking variation to the floor space ratio development standard, pursuant to cl 4.4, is upheld. (3) The written request, prepared by Clarke Dowdle & Associates dated 13 January 2025, pursuant to cl 4.6 of the Gosford Local Environmental Plan 2014 seeking variation to the height of building development standard, pursuant to cl 4.4, is upheld. (4) Development consent is granted to development application number 61806/2021 for construction of a residential flat building (6 units) on the land at Lot 39 in DP 238232, known as 75 Brick Wharf Road, Woy Woy.
Catchwords:	DEVELOPMENT APPEAL – residential flat building -height of building and floor space ratio development standards - conciliation conference – agreement between the parties - orders
Legislation Cited:	Environmental Planning and Assessment Act 1979, ss 4.15 4.16, 8.7 Land and Environment Court Act 1979, s 34 Local Government Act 1993 Central Coast Local Environmental Plan 2022, cl 1.8A Environmental Planning and Assessment Regulation 2021, ss 27, 38 Gosford Local Environmental Plan 2014, cll 4.3, 4.4, 4.6, 5.10, 5.21, 7.1 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13, 2.18, 4.6, Chs 2, 4 State Environmental Planning Policy No. 55 Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 28 State Environmental Planning Policy Amendment (Housing) 2023
Cases Cited:	Georges River Council v Eskander [2024] NSWLEC 98
Texts Cited:	Gosford Development Control Plan 2013 NSW Department of Planning and Environment, Apartment Design Guide, July 2015
Category:	Principal judgment
Parties:	Brickdock Pty Limited ABN 35662705937 (Applicant) Central Coast Council (Respondent)
Representation:	Counsel: D Tyrell (Solicitor)(Applicant) M Ball (Solicitor)(Respondent) Solicitors: Tyrrells Law (Applicant) Central Coast Council (Respondent)
File Number(s):	2023/439913
Publication restriction:	No