June 24th, 2026 · before Walsh C · file 2025/217487
Appeal upheld; development application for manufactured home estate determined by grant of consent subject to conditions. Applicant ordered to pay respondent's costs of $93,000 (excluding GST).
Boyce appealed Maitland City Council's refusal or determination of a development application for a 145-lot manufactured home estate at Lochinvar. Following conciliation conference and agreement between the parties, the Court upheld the appeal and granted development consent subject to conditions in Annexure A.
APPEAL – development application – manufactured home estate – conciliation conference – agreement between the parties – orders
The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) the Applicant is to pay the Respondent's costs thrown away as a result of the Applicant being given leave to file the amended DA2024/823 referred to in par [ 25(1) ] above which, together with the costs orders made on 25 March 2026, and 16 June 2026, are agreed in the amount of $93,000 (excluding GST), and must be paid within 7 days of an invoice being issued. (3) Development Application DA2024/823 for the demolition of existing dwelling house and sheds with construction of a manufactured home estate with 145 dwelling sites constructed in 5 stages, community facilities, display suite and open space at 1064 New England Highway, Lochinvar, is determined by a grant of consent subject to conditions contained in Annexure 'A'.
Unofficial plain-English summary of a published decision; first-instance decisions may be subject to appeal. Read the full judgment at NSW Caselaw · Source last checked July 16th, 2026