EXP No 1 National Park Street Pty Ltd v Newcastle City Council [2020] NSWLEC 1441

Land and Environment Court New South Wales

Medium Neutral Citation: EXP No 1 National Park Street Pty Ltd v Newcastle City Council [2020] NSWLEC 1441 Hearing dates: Conciliation conference on 17 August 2020 Date of orders: 21 September 2020 Decision date: 21 September 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) Leave is granted to the Applicant to amend the Development Application and rely on the plans listed in Condition 2 of the Conditions of Consent at Annexure A; (2) The Clause 4.6 variation application in relation to the development standard for height contained in clauses 7.5(6) and 4.3 of the Newcastle Local Environmental Plan 2012 is upheld; (3) The Clause 4.6 variation application in relation to the development standard for building separation contained in clause 7.4 of the Newcastle Local Environmental Plan 2012 is upheld; (4) The appeal is upheld; (5) Development Application No. DA2019/00711 lodged with the Respondent on 25 June 2019 and as amended by the plans, drawings and material listed in Condition 1 of the Conditions of Consent for the demolition of existing structures, construction of two towers of 22 and 19 stories comprising 193 dwellings; office premises; ground floor retail premises; car parking and associated landscaping and ancillary works at 1, 17 and 19 National Park Street and 484 King Street, Newcastle West NSW 2302 is approved subject to the conditions annexed to this agreement as Annexure A. Catchwords: DEVELOPMENT APPLICATION – two residential towers comprising 145 dwellings – Newcastle city centre – development standard contraventions – design excellence – conciliation conference – agreement between the parties – orders Legislation Cited: Coal Mine Subsidence Compensation Act 2017 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Newcastle Local Environmental Plan 2012 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Category: Principal judgment Parties: Exp No 1 National Park Street Pty Ltd (Applicant) Newcastle City Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) T To (Respondent)