Anglican Community Services, trading as Anglicare v Wollongong City Council [2020] NSWLEC 1410

Land and Environment Court New South Wales

Medium Neutral Citation: Anglican Community Services, trading as Anglicare v Wollongong City Council [2020] NSWLEC 1410 Hearing dates: Conciliation conference on 24 August 2020 Date of orders: 04 September 2020 Decision date: 04 September 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The cl 4.6 written request for variation of the height development standard, dated 27 August 2020 is upheld. (2) The appeal is upheld. (3) Development Application No. DA 2019/1107 for the demolition of existing buildings, remediation works, earthworks, vegetation removal and construction of two (2) residential flat buildings containing self-care seniors housing apartments (one (1) x two (2) storey and (1) x three (3) storey residential flat building with a total of 60 self-contained dwellings and with basement parking for 21 spaces and a community building, with at–grade external car parking for 15 vehicles, together with associated stormwater management and landscaping works on 4 Lindsay Evans Place, Dapto, is approved subject to the conditions of consent at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – seniors living –amenity – biodiversity conservation for endangered ecological communities – bushfire prone land – height standard non-compliance – cl 4.6 written variation request – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Rural Fires Act 1997 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Wollongong Local Environmental Plan 2009 Texts Cited: Apartment Design Guide Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Anglican Community Services, trading as Anglicare (Applicant) Wollongong City Council (Respondent) Representation: Counsel: R Pleming (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)