Jubilee St Pty Ltd v Maitland City Council [2026] NSWLEC 1726
Before: Swan AC · NSW Land and Environment Court
Summary
This appeal relates to a development application (DA/2025/1074) which seeks consent for the demolition of an existing dwelling and the construction of an 11 room co-living housing development at 5 Jubilee Street, East Maitland (Lot 5, Section 44 in DP 758374) (the site). Jubilee St Pty Ltd (the Applicant) lodged an appeal on 3 July 2026 pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the actual refusal of the development application by Maitland Cit
Catchwords
DEVELOPMENT APPLICATION — co-living housing — conciliation conference — agreement between the parties — orders made
Outcome
The Court orders that: (1) The Applicant is granted leave to amend Development Application DA/2025/1074 and rely on the additional documents at [24]. (2) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment to the Development Application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in the amount of $8,500.00 within 28 days of these orders. (3) The appeal is upheld. (4) Development Application No DA/2025/1074, as amended, for demolition of an existing dwelling and construction of co-living housing comprising 11 single occupancy rooms and one common room/manager’s workspace/laundry at 5 Jubilee Street, East Maitland (Lot 5, Section 44 in DP 758374), is determined by the grant of development consent subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 3, 23, 38 Maitland Local Environmental Plan 2011, cll 2.3, 2.7, 7.1, 7.2, 7.9 State Environmental Planning Policy (Housing) 2021, Chs 3, 5, 6, Pt 3, ss 67, 68, 69, 70 State Environmental Planning Policy (Planning Systems) 2021, s 4.31 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 3.3 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 (repealed)
Read the full judgment
Authoritative text on NSW Caselaw · ~15k words
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