KDA Enterprise Pty Ltd v Newcastle City Council [2022] NSWLEC 1069

Land and Environment Court New South Wales

Medium Neutral Citation: KDA Enterprise Pty Ltd v Newcastle City Council [2022] NSWLEC 1069 Hearing dates: Conciliation conference on 9 December 2021 and 31 January 2022 Date of orders: 21 February 2022 Decision date: 21 February 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1)The Applicant is to pay the Respondent's costs, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $5,000. (2)The appeal is upheld. (3)Development Application DA 2020/01212 seeking consent for alterations and additions to existing licensed premises currently operating as The Beach Hotel (including various internal renovations, new amenities and external terrace) at 99 Frederick Street, Merewether is determined by granting development consent subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to hotel – conciliation conference – agreement between the parties – orders Legislation Cited: Coal Mine Subsidence Compensation Act 2017, Pt 3 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Newcastle Local Environmental Plan 2012, cll 2.3, 5.10, 6.1, 6.5, Sch 5 State Environmental Planning Policy (Coastal Management) 2018, cll 13, 14 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Category: Principal judgment Parties: KDA Enterprises Pty Ltd (Applicant) Newcastle City Council (Respondent) Representation: Counsel: A Pearman (Applicant) T To (Respondent)