KDBORZ Holdings Pty Ltd v Newcastle City Council [2026] NSWLEC 1639
Before: Sherry AC · NSW Land and Environment Court
Summary
ENVIRONMENT AND PLANNING — conciliation conference — consent — appeal — s 34 Agreement — cl 4.6 variation — conditions of consent
Catchwords
ENVIRONMENT AND PLANNING — conciliation conference — consent — appeal — s 34 Agreement — cl 4.6 variation — conditions of consent
Outcome
The Court orders that: (1) Leave is granted to the applicant to amend the development application and rely on the plans and documents listed in [20]. (2) The appeal is upheld. (3) Development application DA2025/00723 for demolition of existing structures and construction of a multi dwelling housing development consisting of five dwellings including strata subdivision in relation to Lot 7, Section 7 in Deposited Plan 758929, known as 134 Douglas Street, Stockton, NSW, 2295 is determined by granting development consent, subject to the conditions in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 27, 38 Newcastle Local Environmental Plan 2012, cll 2.3, 4.3, 4.5, 4.6 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022
Read the full judgment
Authoritative text on NSW Caselaw · ~14k words
Related decisions
Hogan v Newcastle City Council [2026] NSWLEC 1389
Newcastle City Council · 25 June 2026
777 Investments Pty Ltd v Newcastle City Council [2026] NSWLEC 1258
Newcastle City Council · 08 May 2026
Pivotal Planning Pty Ltd v Wingecarribee Shire Council [2026] NSWLEC 1614
Wingecarribee Shire Council · 31 August 2026
Prosker Pty Ltd v Mosman Municipal Council [2026] NSWLEC 1648
Mosman Municipal Council · 30 September 2026
Bavaro v City of Canada Bay Council [2026] NSWLEC 1725
City of Canada Bay Council · 30 October 2026
Allera Planning Pty Ltd v Blacktown City Council [2026] NSWLEC 1723
Blacktown City Council · 30 October 2026