Land Development Solutions Pty Ltd v Newcastle City Council [2024] NSWLEC 1547

Land and Environment Court New South Wales

Medium Neutral Citation: Land Development Solutions Pty Ltd v Newcastle City Council [2024] NSWLEC 1547 Hearing dates: Hearing and conciliation conference on 21 August 2024 Date of orders: 05 September 2024 Decision date: 05 September 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $10,000 within 21 days of the date of these orders. (2) The appeal is upheld. (3) Development Application No. DA2022/01151 for the demolition of existing structures, tree removal and erection of a part 2, part 3 storey multi dwelling housing development comprising 6 dwellings and associated strata subdivision at 73 Carolyn Street, Adamstown Heights being Lot 14 DP 203178 is determined by a grant of consent subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – strata subdivision – multi-dwelling housing – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021 ss 27, 38 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Building and Sustainability Index: BASIX) 2004 Newcastle Local Environmental Plan 2012 cll 4.3, 4.4, 4.6, 6.1, 6.2 Texts Cited: Newcastle City Council's Community Participation Plan 2019 Category: Principal judgment Parties: Land Development Solutions Pty Ltd (Applicant) Newcastle City Council (Respondent) Representation: Counsel: Long (Applicant) Seton (Respondent)