Friends of King Edward Park Inc v Newcastle City Council (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Friends of King Edward Park Inc v Newcastle City Council (No 2) [2015] NSWLEC 76 Hearing dates:24 – 26 March 2014; agreed late tender 1 April 2014; further written submissions 4 and 11 April; 30 June; 29 July; 1, 8 and 14 August, 2014Date of orders: 11 May 2015 Decision date: 11 May 2015 Jurisdiction:Class 4Before: Sheahan J Decision: (1) The Court declares that the Development Consent granted to Development Application No. 2010/1735 dated 10 November 2011 for a function centre, kiosk, associated car parking and landscaping at 1 Ordnance Street Newcastle NSW 2300, is invalid and of no effect;(2) The Court declares that the Plan of Management for the King Edward Headland Reserve, Newcastle, adopted in September 2007 by the Minister responsible for such plans, is invalid and of no effect, and that development of the land known as King Edward Headland Reserve at Lot 3109 in DP 755247 for the purposes of “function centre” is not permissible, as it was not authorized by a valid Plan of Management;(3) The Court orders that the Fourth Respondent, by itself, its servants and agents, be restrained from taking any step to use the subject land for any purpose other than public recreation;(4) The Court orders that the first and second Respondents pay the Applicant’s costs of the proceedings, on a party-party basis, as agreed, or as assessed according to law, unless, within 21 days, any party seeks an order in different...