GPV Adamstown Pty Ltd AFT GPV Adamstown Trust v Newcastle City Council [2022] NSWLEC 1572

Land and Environment Court New South Wales

Medium Neutral Citation: GPV Adamstown Pty Ltd AFT GPV Adamstown Trust v Newcastle City Council [2022] NSWLEC 1572 Hearing dates: 20 September 2022 Date of orders: 20 October 2022 Decision date: 20 October 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld (2) Development consent is granted to development application DA2021/01754 for development described as construction of a new 5 storey health services facility and office premises, car parking, related landscaping and signage at 43 Date Street, Adamstown, subject to conditions of consent at Annexure A. (3) All exhibits are returned, except for Exhibits A and B Catchwords: DEVELOPMENT APPLICATION: health services facility in R4 High Density Residential zone – Adamstown Renewal Corridor – whether provision of parking is sufficient – whether setbacks are acceptable Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 7.12, 8.7 Land and Environment Court Act 1979, s 34 Newcastle Local Environmental Plan 2012, Sch 5, cll 4.3, 4.4, 5.10, 5.21, 6.1, 6.2 State Environmental Planning Policy (Planning Systems) 2021, Sch 6, s 5 State Environmental Planning Policy (Transport and Infrastructure) 2021, Sch 3, s 2.48 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: City of Newcastle Section 7.12 Development Contributions Plan, Newcastle City Council (2021) Newcastle Development Control Plan 2012 Category: Principal judgment Parties: GPV Adamstown Pty Ltd AFT GPV Adamstown Trust (Applicant) Newcastle City Council (Respondent) Representation: Counsel: A McKelvey (Solicitor) (Applicant) L Sims (Respondent)