Gebran & Raad Developments Pty Ltd v Wollongong City Council [2020] NSWLEC 1610

Land and Environment Court New South Wales

Medium Neutral Citation: Gebran & Raad Developments Pty Ltd v Wollongong City Council [2020] NSWLEC 1610 Hearing dates: 16-17 November 2020 Date of orders: 7 December 2020 Decision date: 07 December 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application for the demolition of the existing dwelling house and the construction of a boarding house comprising 15 boarding rooms at 124 Avondale Road, Avondale, is refused. (3) The exhibits are returned, except for Exhibits A, B and 8. Catchwords: APPEAL – development application – off-site stormwater drainage works required – whether sufficient information to consider impacts of the development – design concerns – number of boarding rooms Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Affordable Rental Housing) Amendment (Boarding House Development) 2019 Wollongong Local Environmental Plan 2009 Cases Cited: Australian Protein Recyclers Pty Limited v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Bell v Minister for Urban Affairs and Planning (1997) 95 LGERA 86 Environmental Defence Society Inc v South Pacific Aluminium (No 4) [1981] 1 NZLR 530 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Weal v Bathurst City Council & Anor (2000) 111 LGERA 181; [2000] NSWCA 88 Texts Cited: Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Gebran & Raad Developments Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: F Berglund (Applicant) E Kilpatrick (Respondent)