Wallace v Central Coast Council (No.2)

[2022] NSWLEC 1724

Land and Environment Court

New South Wales

Medium Neutral Citation:

Wallace v Central Coast Council (No.2) [2022] NSWLEC 1724

Hearing dates:

1 and 2 November 2021, 15 and 16 June 2022

Date of orders:

22 December 2022

Decision date:

22 December 2022

Jurisdiction:

Class 1

Before:

Chilcott C

Decision:

The Court orders:

(1) the appeal is upheld.

(2) the Applicant’s development application DA/87/2020 seeking consent for the residential subdivision of land, as well as demolition and some associated works, at 51 and 53-73 Warnervale Road, Warnervale, is determined by the grant of consent, subject to the conditions at Annexure ‘A’.

(3) the exhibits are returned, except Exhibits A, B, F, 1 and 10.

Catchwords:

DEVELOPMENT APPLICATION – subdivision of land – bushfire prone land – potential impacts on biodiversity – potential impact on squirrel glider habitat – creation of wildlife corridor – whether Applicant’s BDAR is acceptable – whether Applicant’s proposed wildlife corridor is acceptable – consideration of proposed conditions of consent.

Cases Cited:

Wallace v Central Coast Council [2022] NSWLEC 1674

Category:

Consequential orders

Parties:

Colin Wallace (Applicant)
Central Coast Council (Respondent)

Representation:

Counsel:
J Johnson (Applicant) (part – 1, 2 November 2021)
J Doyle (Applicant) (part – 15, 16 June 2022)
H Irish (Respondent)

Solicitors:
Fox Legal Services (Applicant)
MBM Legal + Conveyancing (Respondent)

File Number(s):

2021/51735

Publication restriction:

Nil

JUDGMENT

1. COMMISSIONER: On 4 November 2022, I handed down my reasons in the Class 1 appeal (Wallace v Central Coast Council [2022] NSWLEC 1674) (the Principal Judgment).

2. In the Principal Judgment the Parties were directed to prepare and file at Court final settled conditions of consent, consistent with findings in this judgment.

3. The Parties have now filed their final agreed conditions of consent such that the Court can make final orders to dispose of the appeal.

Orders

4. The Court orders:

1. the appeal is upheld.

2. the Applicant’s development application DA/87/2020 seeking consent for the residential subdivision of land, including one conservation lot, as well as demolition and associated works, at 51 and 53-73 Warnervale Road, Warnervale, is determined by the grant of consent, subject to the conditions at Annexure ‘A’.

3. the exhibits are returned, except Exhibits A, B, F, 1 and 10.

M Chilcott

Commissioner of the Court

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