Trustees of the Roman Catholic Church for the Diocese Of Maitland-Newcastle v Newcastle City Council [2023] NSWLEC 1128

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 [2023] NSWLEC 1128 Hearing dates: Conciliation conference on 17 March 2023 Date of orders: 23 March 2023 Decision date: 23 March 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld; (2) Development consent is granted to development application DA2019/00966 for development described as alterations / Additions to Educational establishment (630 students), new Childcare facility (79 places) and Subdivision – Community title (2 into 3 lots), associated site works, carparking, landscaping and signage, subject to conditions of consent at Annexure A. Catchwords: APPEAL – development application – alterations and additions to an existing school and the construction of a centre based child care facility – conciliation conference – agreement reached – orders made Legislation Cited: Biodiversity Conservation Act 2016, s 7.7 Biodiversity Conservation Regulation 2017, cl 7.2 Coal Mine Subsidence Compensation Act 2017, s 22 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 7.4, 7.7, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Newcastle Local Environmental Plan 2012, cll 2.6, 4.1AA, 6.2 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 ss 2.48, 3.22, 3.23, 3.25, 3.58, Ch 3, Sch 9 s 3 Texts Cited: NSW Planning and Environment, Child Care Planning Guideline, August 2017 Category: Principal judgment Parties: Trustees of the Roman Catholic Church for the Diocese Of Maitland-Newcastle (Applicant) Newcastle City Council (Respondent) Representation: Counsel: D Gunter (Solicitor) (Applicant) A Jucha (Respondent)