Trustees of the Church Property for the Diocese of Newcastle v Newcastle City Council [2023] NSWLEC 1220

Land and Environment Court New South Wales

Medium Neutral Citation: Trustees of the Church Property for the Diocese of Newcastle v Newcastle City Council [2023] NSWLEC 1220 Hearing dates: 28 and 29 March 2023 Date of orders: 09 May 2023 Decision date: 09 May 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA2022/00319, for the subdivision of Lot 3 in DP544502 into 2 lots, being St Andrew's Anglican Church at 31A Church Street, Mayfield, subject to conditions of consent at Annexure A. (3) All exhibits are returned except for Exhibit B, C and F. Catchwords: DEVELOPMENT APPLICATION– subdivision of land – whether adverse impact on heritage significance Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 1.5, 4.16, 4.17, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Newcastle Local Environmental Plan 2012, cll 1.9A, 2.6, 5.10, Sch 5, Dictionary St Andrew's Church of England, Mayfield, Cemetery Act 1957 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Parrott v Kiama [2004] NSWLEC 77 Texts Cited: NSW Heritage Office, Interpreting Heritage Places and Items Guidelines, August 2005 Newcastle Development Control Plan 2012 Category: Principal judgment Parties: Trustees of the Church Property for the Diocese of Newcastle (Applicant) Newcastle City Council (Respondent) Representation: Counsel: M Hall SC (Applicant) F Berglund (Respondent)