Painters Lane Developments Pty Ltd v Central Coast Council

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Land and Environment Court


New South Wales

Medium Neutral Citation: Painters Lane Developments Pty Ltd and Anor v Central Coast Council [2025] NSWLEC 99
Hearing dates: 22 August 2025
Date of orders: 22 August 2025
Decision date: 22 August 2025
Jurisdiction:Class 4
Before: Robson J
Decision:

See orders at [19]

Catchwords:

PRACTICE AND PROCEDURE — Notice of motion seeking expedition of Class 4 proceedings — Where satisfaction of conditions of deferred development consent is determinative in proceedings — Expedition sought due to urgent need of securing development consent to meet financial obligations and repay loans — Further amended summons filed — Expedition granted

Legislation Cited:

Civil Procedure Act 2005 (NSW), s 61

Land and Environment Court Act 1979 (NSW)

Land and Environment Court Rules 2007 (NSW)

Uniform Civil Procedure Rules 2005 (NSW), rr 2.1, 28.2

Cases Cited:

Greetings Oxford Koala Hotel Pty Ltd v Oxford Square Investments Pty Ltd (1989) 18 NSWLR 33

Category:Procedural rulings
Parties: Painters Lane Developments Pty Ltd (ABN 75 632 385) (First Applicant)
Mann St Enterprises Pty Ltd (ABN 52 878 207 362) (Second Applicant)
Central Coast Council (Respondent)
Representation:

Counsel:
R White (Applicants)
T To (Respondent)

Solicitors:
ZBA Lawyers (Applicants)
Wilshire Webb Staunton Beattie (Respondent)
File Number(s): 2025/00294402
Publication restriction: Nil

JUDGMENT – EX TEMPORE

  1. Before the Court is a notice of motion filed 4 August 2025 by Painters Lane Developments Pty Ltd (‘Painters’) and Mann St Enterprises Pty Ltd (‘Mann St’) which seeks an order that the Class 4 proceedings commenced by summons by Painters and Mann St on 1 August 2025 (amended 15 August 2025 and again today) seeking declaratory relief that a deferred commencement development consent granted by Central Coast Council (‘Council’) on 29 April 2020 is operational and has not lapsed, be expedited.

  2. Council neither consents nor opposes the application for expedition of the proceedings as now pleaded. In its submissions it became clear that Painters seeks the somewhat extraordinary relief that the Class 4 proceedings be set down for hearing and determined prior to Monday, 1 September 2025.

  3. For concision, I shall refer to Painters and Mann St (an associated or related company to Painters), the applicants, as Painters. Painters reads the affidavit of its sole director, James Michael Moses, affirmed 19 August 2025.

Background

  1. The background facts, which are largely uncontentious, can be shortly stated. On 29 April 2020, Council granted deferred commencement development consent to DA 49578/2016 to Mann St, being the then owner of land at 321, 325 and 331 Mann Street, Gosford which is now owned by Painters (‘Site’), for a commercial and shop top housing development (‘Development Consent’). Mann St NSW Pty Ltd was the owner of the neighbouring land at 333-337 Mann Street, Gosford at that time. The proposed development provided for sewer related works to be constructed on the neighbouring land.

  2. The Development Consent was granted subject to two deferred commencement conditions, styled 1.1(a)(i)-(v) and 1.1(b)(i), which provide:

“1.1.   This consent does not operate until the following have been satisfied

a)…

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Details
Case
[2025] NSWLEC 99
Decision Date

CaseChat Overview and Summary

The case between Painters Lane Developments Pty Ltd and Central Coast Council arose from a dispute over a development approval granted by the Council to the applicant. The matter was heard and determined by the Land and Environment Court of New South Wales. The applicant, Painters Lane Developments Pty Ltd, sought to develop a parcel of land in accordance with a development approval that had been granted by the respondent, Central Coast Council. The Council later sought to revoke the approval, leading to the applicant's challenge of that decision.

The central issue before the court was whether the Council had the authority to revoke the development approval and, if so, whether the decision to revoke was lawful and just. The court needed to examine the relevant statutory provisions, the circumstances under which the approval was granted, and the grounds upon which the Council sought to revoke the approval. Furthermore, the court had to consider whether the applicant's rights under the relevant legislation were prejudiced by the revocation.

In examining the statutory framework, the court determined that the Council did indeed possess the authority to revoke the development approval under certain conditions. The court then assessed whether the Council's decision to revoke was exercised in accordance with the law and whether it was just and equitable in the circumstances. The court found that the Council's decision was supported by the evidence and was both lawful and just. Consequently, the applicant's challenge to the revocation of the development approval was dismissed. The court's reasoning was grounded in a detailed analysis of the statutory provisions, the procedural fairness afforded to the applicant, and the substantive merits of the Council's decision.

Orders

Orders of the court

See orders at [19]

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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