Strata Plan 87988 v Newcastle City Council [2023] NSWLEC 1307

Land and Environment Court New South Wales

Medium Neutral Citation: Strata Plan 87988 v Newcastle City Council [2023] NSWLEC 1307 Hearing dates: Conciliation Conference 2 June 2023 Date of orders: 20 June 2023 Decision date: 20 June 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Pursuant to section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979: (a) Development Control Order NO2020/0094/A issued to the Applicant by the Respondent on 22 December 2022 pursuant to section 9.34(1)(b) of the Environmental Planning and Assessment Act 1979 in respect of the premises identified as SP 87988 located at 5 Bolton Street, Newcastle is modified in the terms set out at Annexure A. (b) Development Control Order NO2020/0094/A issued to the Applicant by the Respondent on 22 December 2022 pursuant to section 9.34(1)(b) of the Environmental Planning and Assessment Act 1979 in respect of the premises identified as SP 87988 located at 5 Bolton Street, Newcastle as modified by the Court is Annexure B. Catchwords: DEVELOPMENT CONTROL ORDER APPEAL – fire safety – modified order - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.18, 9.34 Land and Environment Court Act 1979, ss 34, 39 Category: Principal judgment Parties: Strata Plan 87988 ABN 60118132244 (Applicant) Newcastle City Council (Respondent) Representation: Counsel: J Farrell (Applicant) A Sinclair (Solicitor) (Respondent)