777 Investments Pty Ltd v Newcastle City Council [2026] NSWLEC 1258
Before: O’Neill C · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No 2024/00618 for alterations and additions to an existing operating service station including ancillary convenience store, signage and associated site works and landscaping (the proposal), at 36 Lorna Street, Waratah (Lot 1 in DP 162732) (the site), by Newcastle City Council (the Council). The Court arranged a conciliation
Catchwords
DEVELOPMENT APPLICATION – alterations and additions to a service station – conciliation conference – agreement between the parties – orders
Outcome
The orders of the Court are: (1) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), as agreed or assessed, payable within 28 days of these orders. (2) The appeal is upheld. (3) Development Application No 2024/00618 for alterations and additions to an existing operating service station including ancillary convenience store, signage, associated site works and landscaping, at 36 Lorna Street, Waratah, is determined by the grant of consent, subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 4.65, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 38, 67 Newcastle Local Environmental Plan 2012 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, ss 3.1, 3.4, 3.6, Sch 5
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Authoritative text on NSW Caselaw · ~8k words
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