Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27:

1. COMMISSIONER: These proceedings are brought under Class 1 of the Court's jurisdiction, and are an appeal under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Central Coast Council (Council) of Development Application DA/1409/2023 (DA), seeking development consent for the Subdivision of Lot 17 in Deposited Plan 262327 at 2A Stornaway Crescent, Berkley Vale, into two (2) Torrens title lots of 451m2 and 966m2, construction of stormwater and sewer connections and removal of nine (9) trees.

The development application

2. The original development application was lodged with Council on 3 July 2023. It sought approval for subdivision of one lot, into two at 2A Stornaway Crescent, Berkeley Vale (Site). Specifically, the proposal included a Torrens title subdivision of the Site into two lots, Lot 1: 966m2 with an 18.5m wide frontage to Stornaway Crescent and an average gradient of approximately 17%, and Lot 2: 451m2 with an 11.015m frontage to Sunnyhills Terrace and an average gradient of approximately 8%, and the removal of six (6) canopy trees (Exhibit A).

3. The original DA was notified between 11 August 2023 and 25 August 2023. One submission was received with concerns pertaining to inconsistencies in the application, loss of privacy, adverse impacts on amenity and tree removal. At the commencement of the site view, no objectors provided oral submissions to the Court, however the objector who provided an earlier written submission, expressed they wished it to be considered by the Court.

4. During the hearing on the 27 March 2025 a Notice of Motion was granted by the Court, where Council, as the relevant consent authority approved the Applicant amending DA/1409/2023 to amend the description of the proposed development to:

Subdivision of Lot 17 in Deposited Plan 262327 at 2A Stornaway Crescent, Berkeley Vale, into two (2) Torrens title lots of 451m2 and 966m2, construction of stormwater and sewer connection and removal of nine (9) trees (Amended DA), pursuant to s38(1) of the Environmental Planning and Assessment Regulation 2021.

5. As part of the Amended DA, the Applicant prepared concept architectural plans of a dual occupancy development on Lot 1 and a single dwelling house on Lot 2. The proposed subdivision pattern is shown in Figure 1 in the Plan prepared by Katris Architects (Exhibit C, Drawing A009, Issue B, Dated: 30 January 2025). It should be noted however, the Applicant in the Amended DA is not seeking approval of the proposed building envelopes, but provided the concept plans to support the application and demonstrate that the lots were capable of reasonable development having regard to development controls in the Central Coast Local Environmental Plan 2022 (CCLEP) and the Central Coast Development Control Plan 2022 (CCDCP).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196fa400787d54aa082df1ce)

Disclaimer: Curated by HT Syndication.