Buman v Newcastle City Council [2020] NSWLEC 1321

Land and Environment Court New South Wales

Medium Neutral Citation: Buman v Newcastle City Council [2020] NSWLEC 1321 Hearing dates: 11-12 May 2020, 13 July 2020 Date of orders: 29 September 2020 Decision date: 06 August 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application DA2017/01319 for the use of the site as a boarding house, demolition, alterations and additions, erection of a new building and associated works at 67 Victoria Street, Adamstown is approved in accordance with the amended plans and conditions set out in Annexure A. (3) The exhibits are returned with the exception of Exhibit 1. Catchwords: DEVELOPMENT APPLICATION – extend of development for which consent is sought – characterisation of existing approvals – boarding house use – new buildings – compliance with development standards – compliance with car parking – compliance with amenity standards – extent of building code upgrade works required – timing of the consideration and assessment of building code upgrade works – appropriate conditions of consent – directions Legislation Cited: Disability (Access to Premises – Building) Standards 2010 (Cth) Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Model Provisions 1980 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Newcastle Local Environmental Plan 2012 Northumberland Local Environmental Plan No 1 1981 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 5- Housing for Aged or Disabled Persons Cases Cited: Abret v Wingecarribee Shire Council (2011) 180 LGERA 343 Chamwell v Strathfield Council (2007) 151 LGERA 400 Grace v Thomas Street Cafe (2007) 159 LGERA 57 Hunter Industrial Rental Equipment Pty Ltd v Dungog Shire Council (2019) 101 NSWLR 1; [2019] NSWCA 147 Ku-ring-gai Council v Bunnings Properties Pty Ltd [2019] NSWCA 28 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Petrovski v Inner West Council [2017] NSWLEC 1287 Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Weston Aluminium Pty Ltd v Environment Protection Authority (2007) 82 ALJR 74 Winn v Director General of National Parks and Wildlife (2001) 130 LGERA 508; [2001] NSWCA 17 Texts Cited: Building Code of Australia National Construction Code 2019 Newcastle Development Control Plan 2012 Category: Principal judgment Parties: Aaron Buman (Applicant) Newcastle City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) F Berglund (Respondent)