Woods v Newcastle City Council [2023] NSWLEC 1533

Land and Environment Court New South Wales

Medium Neutral Citation: Woods v Newcastle City Council [2023] NSWLEC 1533 Hearing dates: Conciliation conference held 28 August 2023. Final agreement filed 28 August 2023 Date of orders: 15 September 2023 Decision date: 15 September 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA2021/01619 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed amount of $7,500 within 28 days of the date of these orders. (3) The Applicant's written request, pursuant to cl 4.6 of the Newcastle Local Environmental Plan 2012 (NLEP), seeking to vary the development standard for floor space ratio as set out at cl 4.4 of the NLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA2021/01619 (as amended) for demolition of existing dwelling, construction of multi-dwelling housing development comprising fourteen dwellings and ancillary development, and one-into-fifteen lot community title subdivision at 1A Karoola Road, Lambton, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing development – cl 4.6 written request – floor space ratio – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Newcastle Local Environmental Plan 2012, cll 2.3, 2.6, 4.4, 4.6, 5.21, 6.1, 6.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Texts Cited: Department of Planning and Environment, Planning Circular PS 18-003 February 2018 Category: Principal judgment Parties: Shane Woods (Applicant) Newcastle City Council (Respondent) Representation: Counsel: A McKelvey (Solicitor) (Applicant) J Griffiths (Solicitor) (Respondent)