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Class 1 — Merit appeal Newcastle City Council 29 September 2026

KDBORZ Holdings Pty Ltd v Newcastle City Council [2026] NSWLEC 1639

Before: Sherry AC · NSW Land and Environment Court

HeightFloor Space / FSRDensity / Bulk & ScaleClause 4.6 VariationConciliation / AgreementDemolitionSubdivision

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

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