//
[2026] NSWLEC 1302
General information, not legal advice.
Land and Environment Court (NSW)
2026-05-27
Dickson C
Original judgment source is linked above.
Zoe will write a short plain-English summary of this judgment and email it to you for free: what it was about, what the court decided and why. It can take up to a minute.
General information, not legal advice.
Or create a free account to save it and ask Zoe follow-up questions.
Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: PJM East Gosford CC Pty Ltd v Central Coast Council [2026] NSWLEC 1302
Hearing dates: Conciliation conference 4 May 2026
Date of orders: 27 May 2026
Decision date: 27 May 2026
Jurisdiction: Class 1
Before: Dickson C
Decision: The Court orders that:
(1) The appeal is upheld.
(2) The Modification Application filed with the Land and Environment Court on 19 December 2025 for the modification of DA/409/2004 is approved in the terms set out in Annexure A.
(3) Development Consent DA/409/2004 for the demolition of existing buildings and ancillary structures and construction of a childcare centre with basement parking on the land at 24 Waratah Street, East Gosford, as modified by the Court, is Annexure B.
Catchwords: MODIFICATION APPLICATION – Modification of a childcare centre – conciliation conference – agreement between the parties – amended plans and documents - orders made.
Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 4.55
Land and Environment Court Act 1979 (NSW), s 34
Central Coast Local Environmental Plan 2022
Education and Care Services National Regulations 2011 (NSW)
Environmental Planning and Assessment Regulation 2021 (NSW), ss 107, 113
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
State Environmental Planning Policy (Transport and Infrastructure) 2021, s 3.23
Cases Cited: Artmade Architectural Pty Ltd v Central Coast Council (No 2) [2025] NSWLEC 1412
Texts Cited: NSW Department of Planning, Industry and Environment, Child Care Planning Guidelines (September 2021)
Category: Principal judgment
Parties: PJM EAST GOSFORD CC PTY LTD (Applicant)
Central Coast Council (Respondent)
Representation: Counsel:
J Oldknow, solicitor (Applicant)
S Symington, solicitor (Respondent)
Solicitors:
Mills Oakley (Applicant)
Lindsay Taylor Lawyers (Respondent)
File Number(s): 2025/494086
Publication restriction: No
COMMISSIONER: These proceedings arise following an application to the Court under s 4.55(8) of the Environmental Planning and Assessment Act 1979 (NSW) (the EPA Act) to modify development consent DA/409/2024 (the consent) in Artmade Architectural Pty Ltd v Central Coast Council (No 2) [2025] NSWLEC 1412 (Artmade v Central Coast). That decision granted approval for the demolition of existing buildings and ancillary structures and construction of a childcare centre with basement parking on the land at 24 Waratah Street, East Gosford NSW 2250 subject to the conditions of consent annexed to that decision.
The Modification Application lodged with the Court on 19 December 2025 proposes to change the terms of condition 1 of the consent conditions on the consent.
The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties, which was held on 4 May 2026. I presided over the further conciliation conference. At the conciliation conference agreement was reached between the parties to approve the Modification Application. The terms of the parties’ agreement are outlined in their executed written agreement.
Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ signed agreement if the Court could have made that decision in the proper exercise of its functions. The preconditions relevant to the exercise of the Court’s power to make the proposed final orders are addressed in the following paragraphs.
The Modification Application was made pursuant to s 4.55(8) of the EPA Act. The jurisdictional requirements for the Modification Application are contained in s 4.55(2) of the EPA Act.
The parties submit, and I accept, that the development to which the consent as proposed to be modified relates, is substantially the same development as the development for which consent was originally granted (and before that consent as originally granted was modified). In forming that view, I have had regard to the Statement of Environmental Effects (SEE) which details the scope of the amendments and that the remainder (the majority) of the development remains unchanged. The Modification application seeks approval for minor architectural and design amendments to the development approved by the Consent, comprising internal reconfiguration across the basement and building levels, refinements to basement layout and vehicular access arrangements, and updates to the building envelope and architectural expression together with associated signage and service adjustments to the approved development.
The modification application does not propose any change to the use scale or form of the proposed development.
I am satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted (and before that consent as originally granted was modified).
The second jurisdictional requirement under s 4.55(2)(b) of the EPA Act relates to consultation with relevant approval bodies.
Since the grant of consent General Terms of Approval have been issued by Water NSW as required by the Consent. Further, the Applicant has obtained a Statement of Approval for a Controlled Activity Approval (Water Supply Works), which is referred to in the Conditions of Consent in Annexure A and B.
The requirements of s 4.55(2)(b) of the EPA Act are met.
The third jurisdictional requirement is for the application to be notified in accordance with the Environmental Planning and Assessment Regulation 2021 (NSW) (EPA Regulation). In accordance with s 107(2) of the EPA Regulation and section 4.55(2)(c) of the EPA Act, the Modification Application was publicly notified for more than 14 days between 16 January to 16 February 2026. No submissions were received.
The requirements of ss 4.55(2)(c) and (d) of the EPA Act are met.
The Modification Application is made with the consent of the owner of the land.
There are no amendments proposed in the Modification Application that alter the determination by the Court in Artmade v Central Coast of suitability of the site for the development pursuant to s 4.6 of State Environmental Planning Policy (Resilience and Hazards) 2021.
The Education and Care Services National Regulations 2011 (NSW) apply to the Modification Application along with the Child Care Planning Guidelines issued by the NSW Department of Planning, Industry and Environment in 2021.
Pursuant to s 3.23 of State Environmental Planning Policy (Transport and Infrastructure) 2021 (SEPP TI), the consent authority must take into consideration any applicable provisions of the Child Care Planning Guidelines before determining the application. There are no amendments to the development proposed in the Modification Application that alter the findings of the Court that the requirements of SEPP TI are met.
Further, the development, as modified by the Modification Application, complies with the development standards and the matters for consideration in the Central Coast Local Environmental Plan 2022.
The reasons for granting consent are detailed in the judgment of Artmade v Central Coast. The parties agree, and I accept, that the Modification Application does not seek to vary any of the reasons for the grant of the original development consent.
In determining the Modification Application, I have taken into consideration the reasons given by the consent authority for the grant of consent.
Having reached the state of satisfaction that the decision is one that the Court could make in the exercise of its functions, s 34(3)(a) of the LEC Act requires me to "dispose of the proceedings in accordance with the decision". The LEC Act also requires me to "set out in writing the terms of the decision" (s 34(3)(b)).
In making the orders to give effect to the agreement between the parties, the parties have not raised, and I am not aware of, any jurisdictional impediment to the making of these orders.
The Court notes that:
Central Coast Council, as the relevant consent authority, has approved, under s 113(4) of EPA Regulation, to the amendment of the Modification Application to include the following documents (‘Amended Application’):
| TAB | DOCUMENT | DATE | | 1 | Amended Architectural Plans (Rev F) prepared Ark Express • A0000 – Cover Sheet & Development Calculations • A1001 – Existing Site & Demolition Plan • A1002 – Proposed Site Plan • A1003 –Proposed Cut & Fill, Waste & Site Management Plan • A1100 – Proposed Basement General Arrangement Plan • A1101 – Proposed Furniture Layout Plan – Ground Floor • A1102 – Proposed Furniture Layout Plan – First Floor • A1103 – Roof Plan • A1104 – Calculations • A1202 – Reflected Ceiling Plan – Ground Floor • A1203 – Reflected Ceiling Plan – First Floor • A2001 – Elevations • A2002 – Streetscape Elevation • A3001 – Sections • A5001 – Fencing Diagrams & Details • A7001 – Perspectives & External Finishes Schedule | 29 April 2026 | | 2 | Stormwater Response to Respondent’s SOFAC prepared by S&G Consultants | 31 March 2026 | | 3 | Amended Stormwater Plans (up to Rev 4) prepared by S&G Consultants • S01-SW100 – Cover Sheet & Drawing Index (Rev 4) • S01-SW101 – Notes & Leged (Rev 1) • S01-SW201 – Erosion & Sediment Control Plan and Details (Rev 2) • S01-SW301 – Stormwater Drainage Design Basement 02 Plan (Rev 3) • S01-SW302 – Stormwater Drainage Design Ground Flood Plan (Rev 4) • S01-SW401 – Stormwater Drainage Design Details Sheet (Rev 1) • S01-SW501 – Stormwater Grading Design MUSIC Catchment Plan & Details (Rev 1) | 29 March 2026 | | 4 | Landscape Response to Respondent’s SOFAC prepared by Conzept Landscape Architects | 19 March 2026 | | 5 | Landscape Response to Respondent’s SOFAC prepared by Conzept Landscape Architects (#2) | 23 September [sic] 2026 | | 6 | Amended Landscape Plans (Rev A) prepared by Conzept Landscape Architects • LP-01 – Hardscape & Soil Depth Plan – Ground Floor • LP-02 – Landscape Plan – GF • LP-03 – Landscape & Hardscape Plan – L1 • LP-04 – Sections • LP-05 – Area Calculation • LP-06 – Specification & Details • LP-07 – Details 2 | 20 March 2026 | | 7 | Amended Plan of Management (Rev 8) | 29 April 2026 | | 8 | Acoustic Response to Respondent’s SOFAC (#1) | 11 March 2026 | | 9 | Acoustic Response to Council’s RFI, prepared by Acoustic Logic | 22 April 2026 | | 10 | Traffic Response to Respondent’s SOFAC | 23 April 2026 |
The Court orders that:
The appeal is upheld
The Modification Application filed with the Land and Environment Court on 19 December 2025 for the modification of DA/409/2004 is approved in the terms set out in Annexure A.
Development Consent DA/409/2004 for the demolition of existing buildings and ancillary structures and construction of a childcare centre with basement parking on the land at 24 Waratah Street, East Gosford, as modified by the Court, is Annexure B.
PJM East Gosford CC Pty Ltd
Central Coast Council