Kingshill Development No 1 Pty Ltd v Port Stephens Council [2025] NSWLEC 1

Kingshill Development No 1 Pty Ltd v Port Stephens Council [2025] NSWLEC 1

The only established errors of law—misapplication of cl 6.1 of the PSLEP and incorrect characterisation of the Stormwater Channel—were not vitiating, as multiple other merit findings justified refusal of consent. The Concept DA was for the subdivision of land within the broad meaning of s 6.2(1)(b) EPA Act, and the Commissioner's overall assessment of uncertainty about stormwater arrangements, hydrological evidence, and environmental impacts supported the decision to refuse consent. No legal errors identified by the appellants warranted the appeal being upheld.

Parties
First Appellant: Kingshill Development No 1 Pty Ltd; Second Appellant: Kingshill Development No 2 Pty Ltd; First Respondent: Port Stephens Council; Second Respondent: Hunter and Central Coast Regional Planning Panel
Jurisdiction
Australia
Judgment Date
17 January 2025
Procedural Posture
Section 56 a Appeal in Class 1 (environmental/planning) / Appeal From Commissioner's Decision
Outcome
Appeal dismissed.
Legal Topics
Development Applications, Statutory Construction, Biodiversity and Habitat Protection, Subdivision of Land, Concept Development Applications, Local Environmental Plans, Public Infrastructure Arrangements, Wetlands and Groundwater Impacts
Environmental Law Planning Law Administrative Law Development Applications Statutory Construction Biodiversity and Habitat Protection Subdivision of Land Concept Development Applications +3 more

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Parties

Kingshill Development No 1 Pty Ltd

First Appellant

Kingshill Development No 2 Pty Ltd

Second Appellant

Port Stephens Council

First Respondent

Hunter and Central Coast Regional Planning Panel

Second Respondent

Procedural Posture

Section 56 a Appeal in Class 1 (environmental/planning) / Appeal From Commissioner's Decision

Legal Issues

  1. 1 Whether the Commissioner erred in law in finding that the Concept Development Application (DA) was for subdivision of land under s 6.2(1) of the Environmental Planning and Assessment Act 1979 (EPA Act)
  2. 2 Whether cl 6.1 of the Port Stephens Local Environmental Plan 2013 (PSLEP) was wrongly applied to the Concept DA
  3. 3 Whether the Stormwater Channel was designated State public infrastructure under the PSLEP

Ratio Decidendi

The only established errors of law—misapplication of cl 6.1 of the PSLEP and incorrect characterisation of the Stormwater Channel—were not vitiating, as multiple other merit findings justified refusal of consent. The Concept DA was for the subdivision of land within the broad meaning of s 6.2(1)(b) EPA Act, and the Commissioner's overall assessment of uncertainty about stormwater arrangements, hydrological evidence, and environmental impacts supported the decision to refuse consent. No legal errors identified by the appellants warranted the appeal being upheld.

Court Disposition

Appeal dismissed.

Orders

  • Appeal no 2023/299740 is dismissed.
  • Costs reserved.