Hogan v Newcastle City Council [2026] NSWLEC 1389
Before: Miller AC · NSW Land and Environment Court
Summary
This appeal concerns a development application (DA2025/00383) for co-living housing (10 rooms), alterations and additions and associated site works at 21 William Street, Hamilton (Lot 1 in Deposited Plan 113615) (the Site). The applicant lodged an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of the development application on 3 December 2025. The Court was required to arrange a conciliation conference between the parties
Catchwords
APPEAL — co-living housing — conciliation conference — agreement reached — orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application DA2025/00383, as amended, for co-living housing (10 rooms), alterations and additions and associated site works at 21 William Street, Hamilton (Lot 1 in Deposited Plan 113615) is determined by the grant of consent subject to the conditions at Annexure A. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs “thrown away” as a result of the Applicant’s amendment of the Development Application, as agreed or assessed.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 2.22, 4.15, 4.16, 8.7, 8.15, Sch 1 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 37, 38, Sch 7 Newcastle Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, Sch 5 State Environmental Planning Policy (Housing) 2021, Ch 3, Pt 3, ss 67, 68, 69 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1, Sch 1
Read the full judgment
Authoritative text on NSW Caselaw · ~14k words
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