Woghil Developments Pty Ltd v Newcastle City Council [2025] NSWLEC 1129

Land and Environment Court New South Wales

Medium Neutral Citation: Woghil Developments Pty Ltd v Newcastle City Council [2025] NSWLEC 1129 Hearing dates: Conciliation conference 4 July 2024, 17 February 2025 Date of orders: 06 March 2025 Decision date: 06 March 2025 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is the pay the Respondent's costs "thrown away" as a result of the amendments to the development application in the agreed amount of $20,000 within 28 days of these orders. (2) The appeal is upheld (3) Development application DA2023/00491 for multi dwelling housing (16 units) and strata subdivision comprising: (i) site clearing, earthworks, construction of proposed internal road and driveways, drainage, retaining walls, utility services, infrastructure and landscaping; (ii) construction of 16 units on site consisting of fourteen 3-bedroom units, two 2-bedroom units with 14 double garages and 2 single garages; (iii) eight visitor parking spaces; and (iv) strata subdivision. at Lot 7 DP 842408 at 18 Nerigai Close, Elemore Vale is determined by the grant of consent subject to the conditions in Annexure A Catchwords: DEVELOPMENT APPLICATION: site clearing, civil works and new multi dwelling housing – conciliation conference – amended plans – agreement between the parties – orders made. Legislation Cited: Biodiversity Conservation Act 2016, Pt 7, ss 6.15, 7.2, 7.3, 7.7, 7.16 Coal Mine Subsidence Compensation Act 2017, s 22 Environmental Planning and Assessment Act 1979, Div 8, ss 4.15, 4.46, 4.47, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 9 Rural Fires Act 1997, s 100B Water Management Act 1997, s 91 Biodiversity Conservation Regulations 2017, cll 6.2, 6.7, 7.2 Environmental Planning and Assessment Regulations 2021, s 38 Newcastle Local Environmental Plan 2012, cll 4.3, 4.4, 5.21, 6.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Newcastle Development Control Plan 2012 Category: Principal judgment Parties: Woghil Developments Pty Ltd ACN 652030290 (Applicant) Newcastle City Council (Respondent) Representation: Counsel: M Ball, solicitor (Applicant) A Sinclair, solicitor (Respondent)