Stevens Holdings Pty Limited trading as Stevens Group v Newcastle City Council (No 2) [2020] NSWLEC 1287

Land and Environment Court New South Wales

Medium Neutral Citation: Stevens Holdings Pty Limited trading as Stevens Group v Newcastle City Council (No 2) [2020] NSWLEC 1287 Hearing dates: 12-13 February 2020, 3 March 2020 and 2 June 2020 Date of orders: 03 July 2020 Decision date: 03 July 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to rely upon amended plans and other documents at Exhibits E, G and K. (2) The appeal is dismissed. (3) Development consent for Development Application No. DA2018/00714 for a 'one into 200 lot Torrens title subdivision constructed in eight stages, inclusive of vegetation clearing, creek rehabilitation works, earthworks, drainage works, roads, services and landscaping' on land at 198 Lenaghans Drive, Black Hill is refused. (4) The exhibits are returned except for Exhibits E, G and K. Catchwords: DEVELOPMENT APPEAL – Concept Plan Approval pursuant to Part 3A – Transitional Part 3A – whether application is generally consistent – subdivision of land – traffic and transport impact assessment - likely environmental impacts of the development Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 Land and Environment Court Act 1979 Newcastle Local Environmental Plan 2012 Roads Act 1993 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (State and Regional Development) 2011 State Environmental Planning Policy No 44—Koala Habitat Protection Uniform Civil Procedures Rules 2005 Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Bell v Minister for Urban Affairs and Planning (1997) 95 LGERA 86 Pittwater Council v Minister for Planning (2011) 184 LGERA 419; [2011] NSWLEC 162 Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 4) [2019] NSWLEC 58 Tugun Cobaki Alliance Inc v Minister for Planning [2006] NSWLEC 396 Ulan Coal Mines Ltd v Minister for Planning (2008) 160 LGERA 20; [2008] NSWLEC 185 Texts Cited: Greater Newcastle Metropolitan Plan 2036 Category: Principal judgment Parties: Stevens Holdings Pty Ltd trading as Stevens Group (Applicant) Newcastle City Council (First Respondent) Roads and Maritime Services (Second Respondent) Representation: Counsel: A Galasso SC with E Tringali (Applicant) F Berglund (First Respondent) S Nash and A Hemmings (2 June 2020) (Second Respondent)