Thirdi Anambah Pty Ltd ATF Third.i Anambah Unit Trust v Maitland City Council [2026] NSWLEC 1713
Before: Porter C · NSW Land and Environment Court
Summary
DEVELOPMENT APPEAL – subdivision – concept DA – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPEAL – subdivision – concept DA – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (1) The appeal is upheld. (2) The Applicant is to pay the Respondent’s costs thrown away as agreed or assessed pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW). (3) Development consent is granted to DA/2024/763 for the staged development of a concept master plan, including the creation of a Stage 1 new urban subdivision within the Anambah Urban Release Area with approximately 900 residential lots and incorporating open space, roads, pedestrian networks, utilities and services, intersection upgrades and stormwater drainage infrastructure at 559 Anambah Road, Gosforth, subject to the conditions of consent set out in Annexure A.
Legislation cited
Biodiversity Conservation Act 2016 (NSW), ss 6.4, 6.12, 7.2, 7.4, 7.7, 7.13 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.22, 4.23, 8.7 Fisheries Management Act 1994 (NSW) Land and Environment Court Act 1979 (NSW), s 34 Local Land Services Act 2013 (NSW), s 60O National Parks and Wildlife Act 1974 (NSW) Roads Act 1993 (NSW), s 138 Rural Fires Act 1997 (NSW), s 100B Water Management Act 2000 (NSW) Biodiversity Conservation Regulation 2017 (NSW), ss 7.1, 7.2 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Maitland Local Environmental Plan 2011, cll 1.8A, 2.6, 5.10, 5.16, 5.21, 6.2, 6.3, 7.2, 7.4, 7.8 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4, Sch 2 State Environmental Planning Policy (Planning Systems) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Resources and Energy) 2021, s 2.19 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.122, 2.45
Read the full judgment
Authoritative text on NSW Caselaw · ~43k words
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