The Trustee for Sentinel Industrial Trust v Newcastle City Council [2023] NSWLEC 1459

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for Sentinel Industrial Trust v Newcastle City Council [2023] NSWLEC 1459 Hearing dates: Conciliation conferences on 22 June and 13 July 2023 Date of orders: 17 August 2023 Decision date: 17 August 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application DA2021/01074 for development described as the Community Title Subdivision of land legally identified as Lot 6 in DP 1204575 and known as 71 Industrial Drive, Mayfield North into six lots and associated subdivision works and tree removal, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Community Land Development Act 2021 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Local Land Services Act 2013, s 60O, Pt 5B Newcastle Local Environmental Plan 2012 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Chs 2, 5, ss 2.119, 5.3, 5.6, 5.12, 5.14, 5.20 Category: Principal judgment Parties: The Trustee for Sentinel Industrial Trust (Applicant) Newcastle City Council (Respondent) Representation: Counsel: D Gunter (Solicitor) (Applicant) A Rutherford (Solicitor) (Respondent)