11 Church Street Pty Ltd ATF The Trustee for 11 Church Street Discretionary Trust v Newcastle City Council [2022] NSWLEC 1252

Land and Environment Court New South Wales

Medium Neutral Citation: 11 Church Street Pty Ltd ATF The Trustee for 11 Church Street Discretionary Trust v Newcastle City Council [2022] NSWLEC 1252 Hearing dates: 23 September 2021, Notice of Motion 12 November 2021 and 23 March 2022 Date of orders: 13 May 2022 Decision date: 13 May 2022 Jurisdiction: Class 1 Before: Horton C Decision: See directions at [129]. Catchwords: DEVELOPMENT APPLICATION – infill affordable housing in B4 zone – whether development is total development – whether must not refuse provision applies – traffic impacts – failure to provide car parking onsite Legislation Cited: Architects Act 2003 Coal Mine Subsidence Compensation Act 2017, s 22 Environmental Planning and Assessment Act 1979, ss 3.43, 4.46, 8.7 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 National Parks and Wildlife Act 1974 Newcastle Local Environmental Plan 2013, cll 4.4, 5.10, 6.1, 7.10A State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 13, 14, 16, 16A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 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 (Resilience and Hazards) 2021, cl 4.6 Cases Cited: Valen Properties Pty Ltd ATF Valen Properties Trust v Hurstville City Council [2015] NSWLEC 1045 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Transport for NSW, Freight Trip Generation to High Density Residential Developments in Sydney, (May 2021) Newcastle Development Control Plan 2012 Category: Principal judgment Parties: 11 Church Street Pty Ltd ATF The Trustee for 11 Church Street Discretionary Trust (Applicant) Newcastle City Council (Respondent) Representation: Counsel: N Eastman (Applicant) J Smith (Respondent)