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:
Solicitors:
N Eastman SC (Applicant)
C Rose (Solicitor) (Respondent)
Macpherson Kelly (Applicant)
Wilshire Webb Staunton Beattie (Respondent)
File Number(s): 2023/239224 Publication restriction: Nil
Judgment
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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.
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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.
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In turn, I can now make final orders in relation to the matter at hand.
Orders
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The Court orders:
The appeal is upheld.
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.
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
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- AGLC
- Goonak Pty Ltd v Central Coast Council (No 2) [2025] NSWLEC 1015
- Case
- [2025] NSWLEC 1015
- Decision Date
CaseChat Overview and Summary
The key legal issues were whether the council's decision was unreasonable, and whether the applicant had demonstrated compliance with relevant planning and environmental laws. Specifically, the court had to determine if the proposed development would cause unacceptable environmental harm, and if the project’s design sufficiently mitigated potential adverse impacts. Additionally, the court examined whether the applicant had adequately addressed concerns related to the site's heritage and the impact on nearby properties.
The court found that the applicant had adequately addressed the environmental concerns raised by the council, and that the design of the proposed development was appropriate. The court held that the council's refusal of consent was unreasonable due to insufficient evidence linking the development to unacceptable environmental harm. The court also found that the applicant had satisfactorily mitigated the potential impacts through the proposed design modifications. Consequently, the appeal was upheld, and development consent was granted subject to certain conditions.
The orders of the court reflect the outcome, granting the development consent subject to specified conditions and directing the return of exhibits, with certain documents retained for further reference. This decision underscores the importance of comprehensive environmental assessments and the need for development proposals to sufficiently address potential impacts to secure consent.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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