Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle v Newcastle City Council [2022] NSWLEC 1043

Land and Environment Court New South Wales

Medium Neutral Citation: Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle v Newcastle City Council [2022] NSWLEC 1043 Hearing dates: 6-8 December 2021 Date of orders: 31 January 2022 Decision date: 31 January 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed (2) Development consent for Development Application DA 2020/959, for the demolition of an existing Place of Public Worship (St Columban's Church) at 39 Church Street, Mayfield, is refused. (3) All Exhibits are returned, except for Exhibit A. Catchwords: DEVELOPMENT APPLICATION – heritage conservation – demolition of a local heritage item Legislation Cited: Education Act 1990, s 83C Environmental Planning and Assessment Act 1979, s 8.7 Newcastle Local Environmental Plan 2012, cll 2.7, 5.10 Roman Catholic Church Trust Property Act 1936 Cases Cited: Helou v Strathfield Municipal Council (2006) 144 LGERA 322; [2006] NSWLEC 66 Norm Fletcher & Associates Pty Ltd v Strathfield Municipal Council [2013] NSWLEC 1118 Nader v Strathfield Council [2015] NSWLEC 1370 Xu v City of Sydney [2018] NSWLEC 1332 777 Trading Pty Ltd v City of Sydney [2019] NSWLEC 1619 Texts Cited: John W East, Australian Romanesque: A history of Romanesque-Inspired Architecture in Australia, (2016) Les Reedman, Early Architects of the Hunter Region: a hundred years to 1940, (July 2008) Newcastle Development Control Plan 2012 NSW Department of Education, Not-for-Profit Guidelines for Non-Government Schools, (June 2019) Category: Principal judgment Parties: Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (Applicant) Newcastle City Council (Respondent) Representation: Counsel: N Eastman (Applicant) T To (Respondent)