Fleetqueen Pty Ltd v Newcastle City Council [2018] NSWLEC 1105

Land and Environment Court New South Wales

Medium Neutral Citation: Fleetqueen Pty Ltd v Newcastle City Council [2018] NSWLEC 1105 Hearing dates: 21-22 February 2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders:

(1) Leave is granted to rely on amended plans granted by the Court on 19 December 2017, as Exhibit A. (2) The appeal is upheld. (3) Development Application (DA) No. 2015/0820 for demolition of existing structures, two strata subdivisions (of six and two lots), and construction of multi-dwelling housing consisting of six (6) dwellings on Lot 13 Section W DP 21829, and two (2) dwellings on Lot 1 DP 20700, known as 25 Queens Road and 30 Fleet Street, New Lambton, respectively, is approved subject to conditions in Appendix A. (4) The exhibits, except Exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: multi-dwelling housing development; consistency with R2 zone and local planning strategy; lack of respect to amenity and local character. Legislation Cited: Environmental Planning and Assessment Act 1979 No. 203 Newcastle Local Environmental Plan 2012 Cases Cited: Project Venture Developments v Pittwater Council (2005) NSW LEC 191 Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 115 LGERA 373 Texts Cited: Local Planning Strategy 2015. The City of Newcastle Category: Principal judgment Parties: Fleetqueen Pty Ltd (Applicant) Newcastle City Council (Respondent) Representation: Counsel: Mr Peter Tomasetti, Barrister (Applicant) Ms Angela Pearman, Barrister (Respondent)