R E S Pty Ltd v Newcastle City Council [2023] NSWLEC 1503

Land and Environment Court New South Wales

Medium Neutral Citation: R E S Pty Ltd v Newcastle City Council [2023] NSWLEC 1503 Hearing dates: Conciliation Conference 21 April, 22 and 31 May, 15 June, 13 and 28 July and 10 August 2023 Date of orders: 06 September 2023 Decision date: 06 September 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No DA2022/00401 for the site remediation and warehouse development, is determined by the grant of consent, subject to the conditions of consent annexed hereto and marked A. (3) The Applicant is to pay the Respondent's costs thrown away by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in a sum to be agreed or assessed. Catchwords: DEVELOPMENT APPEAL – remediation works – construction of industrial building - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Newcastle Local Environmental Plan 2012, cll 5.7, 5.21, 6.1, 6.2 Environmental Planning and Assessment Regulation 2021, ss 23, 38, Sch 3 s 20 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, 4.6 Category: Principal judgment Parties: R E S Pty Ltd ABN 52 622 726 390 (Applicant) Newcastle City Council (Respondent) Representation: Counsel: R Fox (Solicitor)(Applicant) A Pearman (Respondent)