Holz v Newcastle City Council [2021] NSWLEC 1103

Land and Environment Court New South Wales

Medium Neutral Citation: Holz v Newcastle City Council [2021] NSWLEC 1103 Hearing dates: Conciliation conference on 14 December 2020 Date of orders: 1 March 2021 Decision date: 01 March 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The applicant is granted leave to amend the application to rely on the amended plans and documents listed in condition 1 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Application No. 2019/00970 for alterations and additions to an existing dwelling, at 29 Parnell Place, Newcastle East, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling – exceedance of the floor space ratio development standard – adjoining a local heritage item — conciliation conference — agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 8.7 Land and Environment Court Act 1979 ss 34, 34AA, 39 Newcastle Local Environmental Plan 2012 cll 4.4, 4.6, 5.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 cl 5 State Environmental Planning Policy No 55 – Remediation of Land cl 7 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Category: Principal judgment Parties: Megan Elizabeth Holz (First Applicant) Phillip Andrew Holz (Second Applicant) Newcastle City Council (Respondent) Representation: Counsel: F Berglund (Applicant) A Pickles SC (Respondent)