Futurehouse Pty Ltd atf Futurehouse Trust v Newcastle City Council [2024] NSWLEC 1554

Land and Environment Court New South Wales

Medium Neutral Citation: Futurehouse Pty Ltd atf Futurehouse Trust v Newcastle City Council [2024] NSWLEC 1554 Hearing dates: Conciliation conferences held on 15 and 16 July 2024 Date of orders: 10 September 2024 Decision date: 10 September 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent DA2015/0878 is modified in the terms in Annexure A. (3) Development Consent DA2015/0878 as modified by the Court is Annexure B. Catchwords: DEVELOPMENT APPEAL – modification application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 113 Newcastle Local Environmental Plan 2012, cll 2.3, 2.7, 4.1, 4.1AA, 4.3, 4,4, 4,5, 5.10, 6.1, 6.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.11, 4.6 State Environmental Planning Policy No 55–Remediation of Land Texts Cited: City of Newcastle Community Participation Plan 2019 Newcastle Development Control Plan 2012 Category: Principal judgment Parties: Futurehouse Pty Ltd atf Futurehouse Trust (Applicant) Newcastle City Council (Respondent) Representation: Counsel: P Holt (Solicitor) (Applicant) A Sinclair (Solicitor) (Respondent)