Assurance Holdings No. 3 Pty Ltd v Wollongong City Council [2020] NSWLEC 1329

Land and Environment Court New South Wales

Medium Neutral Citation: Assurance Holdings No. 3 Pty Ltd v Wollongong City Council [2020] NSWLEC 1329 Hearing dates: Conciliation conference held on 2 June 2020 Date of orders: 28 July 2020 Decision date: 28 July 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is granted leave to amend the application to rely on the amended plans and documents listed in Condition 1 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Application No. 2019/874 for the construction of four semi-detached dwellings and subdivision of Lot 68 in DP 38660 into four Torrens Title lots at 6 Bulwarra Street, Keiraville, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – exceedance of the floor space ratio development standard Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Wollongong Local Environmental Plan 2009 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Assurance Holdings No. 3 Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Reilly (Solicitor) (Respondent)