Goonak Pty Ltd v Central Coast Council (No 2)

[2025] NSWLEC 1015

Land and Environment Court

New South Wales

Medium Neutral Citation:

Goonak Pty Ltd v Central Coast Council (No 2) [2025] NSWLEC 1015

Hearing dates:

16 and 17 October 2024

Date of orders:

15 January 2025

Decision date:

15 January 2025

Jurisdiction:

Class 1

Before:

Walsh C

Decision:

The Court orders:
(1) The appeal is upheld.

(2) DA/951/2023 for demolition of existing buildings, removal of identified trees and the construction of a centre based childcare facility for 97 children at 9 Goonak Parade, Narara, is determined by the grant of consent, subject to the conditions at Annexure A.

(3) The exhibits are returned with the exception of Exhibits 1, A and C-E which are retained.

Catchwords:

APPEAL – development application – finalisation of consent conditions

Legislation Cited:

Environmental Planning and Assessment Act 1979, s 8.7

Central Coast Local Environmental Plan 2022, cl 7.6

State Environmental Planning Policy (Resilience and Hazards) 2021

State Environmental Planning Policy (Transport and Infrastructure) 2021

Category:

Principal judgment

Parties:

Goonak Pty Ltd (Applicant)
Central Coast Council (Respondent)

Representation:

Counsel:
N Eastman SC (Applicant)
C Rose (Solicitor) (Respondent)

Solicitors:
Macpherson Kelly (Applicant)
Wilshire Webb Staunton Beattie (Respondent)

File Number(s):

2023/239224

Publication restriction:

Nil

Judgment

1. COMMISSIONER: These proceedings, brought by the applicant under Class 1 of the Court’s jurisdiction, are an appeal under s 8.7(1) of the Environmental Planning and Assessment Act 1979 against the deemed refusal by Central Coast Council of development application DA/951/2023 (DA) for a child care centre and related development at 9 Goonak Parade, Narara, also identified as Lot A DP 389050.

2. In a judgment handed down on 19 December 2024, I indicated the reasoning behind my decision that development consent should be granted in regard to this DA. The parties were also directed to confer and agree on the particulars of certain of the conditions of consent which reflect the findings of that judgement; and file the agreed conditions. This has now occurred.

3. In turn, I can now make final orders in relation to the matter at hand.

Orders

4. The Court orders:

1. The appeal is upheld.

2. DA/951/2023 for demolition of existing buildings, removal of identified trees and the construction of a centre based childcare facility for 97 children at 9 Goonak Parade, Narara, is determined by the grant of consent, subject to the conditions at Annexure A.

3. The exhibits are returned with the exception of Exhibits 1, A and C-E which are retained.

P Walsh

Commissioner of the Court 

Annexure A

**********

Decision last updated: 15 January 2025