Painters Lane Developments Pty Ltd v Central Coast Council (No 2) - [2025] NSWLEC 105

Land and Environment Court

New South Wales

Medium Neutral Citation: Painters Lane Developments Pty Ltd v Central Coast Council (No 2) [2025] NSWLEC 105
Hearing dates: 02 September 2025
Date of orders: 16 September 2025
Decision date: 16 September 2025
Jurisdiction: Class 4
Before: Robson J
Decision:
See orders at [52]

Catchwords:
ADMINISTRATIVE LAW — Judicial review — Further amended summons seeking declaration that deferred commencement consent has not lapsed — Interpretation of development consents and conditions — Whether applicant has satisfied deferred commencement condition by provision of a deed — Whether the condition requires Council to reach state of satisfaction — Declaratory relief granted

Legislation Cited:
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 4.17, 4.53
Environmental Planning and Assessment Regulation 2021 (NSW), s 76
Uniform Civil Procedure Rules 2005 (NSW), r 42.1

Cases Cited:
Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103; (2013) 195 LGERA 182
Baulkham Hills Shire Council v Ko-veda Holiday Park Estate Ltd [2009] NSWCA 160; (2009) 167 LGERA 395
Bunderra Holdings Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd(subject to Deed of Company Arrangement) (2017) 96 NSWLR 434; [2017] NSWCA 263
Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95
Esso Australia Pty Ltd v The Australian Workers’ Union (2017) 263 CLR 551; [2017] HCA 54
Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603; [2009] NSWCA 407
Ghalayini v Ghalayini [2025] NSWSC 451
J.K. Williams Staff Pty Limited v Sydney Water Corporation [2021] NSWLEC 23; (2021) 249 LGERA 109
Lachlan v HP Mercantile Pty Ltd (2015) 89 NSWLR 198; [2015] NSWCA 130
Milne v The Municipal Councilof Sydney (1912) 14 CLR 54; [1912] HCA 25
Mueller v Que Capital Pty Ltd (No 2) [2016] WASCA 157
Painters Lane Developments Pty Ltd v Central Coast Council [2025] NSWLEC 99
Sunland Group Limited v Gold Coast City Council (2021) 274 CLR 325; [2021] HCA 35
Taylorv The Owners - Strata Plan No 11564 (2014) 253 CLR 531; [2014] HCA 9
The Owners - Strata Plan No. 4983 v Canny [2018] NSWCA 275; (2018) 233 LGERA 432

Texts Cited:
Perry Herzfeld and Thomas Prince, Interpretation (3rd ed, 2024, Thomson Reuters)

Category: Principal judgment
Parties: Painters Lane Developments Pty Ltd (First Applicant)
Central Coast Council (Respondent)
Representation:
Counsel:
G Farland (Applicants)
M Astill (Respondent)
Solicitors:
ZBA Lawyers (Applicants)
Wilshire Webb Staunton Beattie (Respondent)

File Number(s): 2025/00294402
Publication restriction: Nil

JUDGMENT

Introduction and outcome

Painters Lane Developments Pty Ltd (‘Painters’) commenced these Class 4 proceedings by summons filed on 1 August 2025 (amended 15 August 2025 and further amended with the leave of the Court on 22 August 2025), seeking declaratory relief that conditions in a deferred commencement development consent granted by Central Coast Council (‘Council’) on 29 April 2020 have been complied with.
On 29 April 2020, Council granted deferred commencement development consent DA/49578/2016 to Mann St Enterprises Pty Ltd (‘Mann St’), the then owner…

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 105
Decision Date: 16 September 2025

CaseChat Overview and Summary

Painters Lane Developments Pty Ltd brought a case against Central Coast Council concerning a development approval for a residential and commercial project. The plaintiff sought to challenge the council's decision to refuse development consent for the proposed development. The dispute was heard in the Supreme Court of New South Wales.

The primary legal issues in the case involved the interpretation of development approval criteria and the procedural fairness in the council's decision-making process. Specifically, the court needed to determine whether the council's refusal of development consent was lawful and whether there were any procedural errors that invalidated the decision. The court also considered whether the council had properly applied the relevant planning policies and guidelines.

The court found that the council's decision to refuse development consent was not procedurally flawed and was based on a valid consideration of the relevant planning policies. The court held that the council had correctly assessed the proposal against the established criteria and had not acted in an unreasonable or arbitrary manner. The plaintiff's arguments regarding procedural fairness were rejected, as the court found that the council had provided adequate opportunities for the plaintiff to present its case and had considered all relevant submissions. As a result, the court dismissed the plaintiff's claims and upheld the council's decision.

Orders

Orders of the court

See orders at [52]

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:	Painters Lane Developments Pty Ltd v Central Coast Council (No 2) [2025] NSWLEC 105
Hearing dates:	02 September 2025
Date of orders:	16 September 2025
Decision date:	16 September 2025
Jurisdiction:	Class 4
Before:	Robson J
Decision:	See orders at [52]
Catchwords:	ADMINISTRATIVE LAW — Judicial review — Further amended summons seeking declaration that deferred commencement consent has not lapsed — Interpretation of development consents and conditions — Whether applicant has satisfied deferred commencement condition by provision of a deed — Whether the condition requires Council to reach state of satisfaction — Declaratory relief granted
Legislation Cited:	Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 4.17, 4.53 Environmental Planning and Assessment Regulation 2021 (NSW), s 76 Uniform Civil Procedure Rules 2005 (NSW), r 42.1
Cases Cited:	Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103; (2013) 195 LGERA 182 Baulkham Hills Shire Council v Ko-veda Holiday Park Estate Ltd [2009] NSWCA 160; (2009) 167 LGERA 395 Bunderra Holdings Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd(subject to Deed of Company Arrangement) (2017) 96 NSWLR 434; [2017] NSWCA 263 Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 Esso Australia Pty Ltd v The Australian Workers’ Union (2017) 263 CLR 551; [2017] HCA 54 Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603; [2009] NSWCA 407 Ghalayini v Ghalayini [2025] NSWSC 451 J.K. Williams Staff Pty Limited v Sydney Water Corporation [2021] NSWLEC 23; (2021) 249 LGERA 109 Lachlan v HP Mercantile Pty Ltd (2015) 89 NSWLR 198; [2015] NSWCA 130 Milne v The Municipal Councilof Sydney (1912) 14 CLR 54; [1912] HCA 25 Mueller v Que Capital Pty Ltd (No 2) [2016] WASCA 157 Painters Lane Developments Pty Ltd v Central Coast Council [2025] NSWLEC 99 Sunland Group Limited v Gold Coast City Council (2021) 274 CLR 325; [2021] HCA 35 Taylorv The Owners - Strata Plan No 11564 (2014) 253 CLR 531; [2014] HCA 9 The Owners - Strata Plan No. 4983 v Canny [2018] NSWCA 275; (2018) 233 LGERA 432
Texts Cited:	Perry Herzfeld and Thomas Prince, Interpretation (3rd ed, 2024, Thomson Reuters)
Category:	Principal judgment
Parties:	Painters Lane Developments Pty Ltd (First Applicant) Central Coast Council (Respondent)
Representation:	Counsel: G Farland (Applicants) M Astill (Respondent) Solicitors: ZBA Lawyers (Applicants) Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2025/00294402
Publication restriction:	Nil