Woghil Developments Pty Ltd v Newcastle City Council [2025] NSWLEC 1129

Woghil Developments Pty Ltd v Newcastle City Council [2025] NSWLEC 1129

The agreed decision to uphold the appeal and grant conditional consent was made because the amended application complies with all relevant statutory, environmental, and planning controls; appropriate reports, consents and mitigation/offset measures have been provided for biodiversity, flooding, bushfire, mine subsidence, earthworks, and contamination; public submissions were taken into account; and the consent authority’s satisfaction is reasonably established on the material before the court.

Parties
Applicant: Woghil Developments Pty Ltd ACN 652030290; Respondent: Newcastle City Council
Jurisdiction
Australia
Judgment Date
06 March 2025
Procedural Posture
Appeal, Class 1 Development Application / Final Determination Following Further Conciliation Conference
Outcome
Appeal upheld. Development consent granted to amended proposal. Applicant to pay Respondent's costs thrown away.
Legal Topics
Development Application, Multi Dwelling Housing, Strata Subdivision, Costs Order, Amended Plans, Conciliation Conference, Biodiversity Offsets
Planning and Environment Law Development Application Multi Dwelling Housing Strata Subdivision Costs Order Amended Plans Conciliation Conference Biodiversity Offsets

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Parties

Woghil Developments Pty Ltd ACN 652030290

Applicant

Newcastle City Council

Respondent

Procedural Posture

Appeal, Class 1 Development Application / Final Determination Following Further Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application should be granted consent
  2. 2 Whether statutory requirements for integrated development, biodiversity, flooding, bushfire, contamination, and mine subsidence have been satisfied
  3. 3 Whether public submissions and planning controls have been adequately addressed

Ratio Decidendi

The agreed decision to uphold the appeal and grant conditional consent was made because the amended application complies with all relevant statutory, environmental, and planning controls; appropriate reports, consents and mitigation/offset measures have been provided for biodiversity, flooding, bushfire, mine subsidence, earthworks, and contamination; public submissions were taken into account; and the consent authority’s satisfaction is reasonably established on the material before the court.

Court Disposition

Appeal upheld. Development consent granted to amended proposal. Applicant to pay Respondent's costs thrown away.

Orders

  • Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of the amendments to the development application in the agreed amount of $20,000 within 28 days of these orders.
  • The appeal is upheld.