11 Church Street Pty Ltd ATF The Trustee for 11 Church Street Discretionary Trust v Newcastle City Council (No.2) [2022] NSWLEC 1446

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 (No.2) [2022] NSWLEC 1446 Hearing dates: 23 September 2021, Notice of Motion 12 November 2021 and 23 March 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld (2) Development Application DA 2020/00621 for a 13 Storey mixed use development comprising; food and drink premises (café) at ground floor, residential flat building (34 units including affordable rental housing), basement, demolition, signage, associated landscaping and site works at 625 Hunter Street, Newcastle West is determined by the grant of consent, subject to conditions of consent contained at Annexure 'A'. (3) All exhibits are returned, except for Exhibits A, C and D. 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: Environmental Planning and Assessment Act 1979, s 4.16 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 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)