Vvland Capital Pty Ltd ATF Vvland Capital Unit Trust v Newcastle City Council [2025] NSWLEC 1058

Land and Environment Court New South Wales

Medium Neutral Citation: Vvland Capital Pty Ltd ATF Vvland Capital Unit Trust v Newcastle City Council [2025] NSWLEC 1058 Hearing dates: Conciliation conferences on 16 September, 14 October, 28 October and 5 November 2025 Date of orders: 04 February 2025 Decision date: 04 February 2025 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (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 the amendment to the development application in the agreed amount of $7,000.00 within 21 days of these orders. (3) Development consent is granted to Development Application DA2924/00033 as amended for the demolition of existing structures, tree removal and construction of a 3-storey co-living housing development containing 26 rooms and associated landscaping and at-grade parking on the land at 93 Blue Gum Road, Jesmond 2299, legally known as Lot 1 DP 1295741 subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – co-living housing development - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.15, Div 2, Sch 1, s 7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 38, 61, Sch 7, s 3, Div 2, Pt 4 ss 69, 70, 85 Newcastle Local Environmental Plan 2012, cll 2.1, 2.3, 2.7, 4.3, 4.4, 6.1, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, ss 67, 68, 69, 70 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Australian Standards 2601 – 2001, The demolition of structures, 13 September 2001 Newcastle Community Participation Plan 2019 Newcastle Development Control Plan 2012 Category: Principal judgment Parties: Vvland Capital Pty Ltd ATF Vvland Capital Unit Trust (Applicant) Newcastle City Council (Respondent) Representation: Counsel: C Koikas (Applicant) A Foley (Solicitor) (Respondent)