Cosmar Enterprises Pty Ltd v Wollongong City Council [2021] NSWLEC 1637

Land and Environment Court New South Wales

Medium Neutral Citation: Cosmar Enterprises Pty Ltd v Wollongong City Council [2021] NSWLEC 1637 Hearing dates: Conciliation conference on 25 August 2021 Date of orders: 22 October 2021 Decision date: 22 October 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) as agreed or assessed. (2) The Applicant's written request under cl 4.6 of the Wollongong Local Environmental Plan 2009 (WLEP), prepared by ePlanning town planning services and dated 13 October 2021 seeking a variation of the development standard for minimum site width under cl 7.14 of the WLEP, is upheld. (3) The appeal is upheld. (4) Development consent is granted to development application DA 2020/823 for the demolition of existing structures, construction of multi-dwelling housing and subdivision strata title – three lots at 5 Ryan Street, Balgownie, subject to the conditions annexed hereto and marked "Annexure A". Catchwords: APPEAL – development application – multi-dwelling housing – breach of the site width development standard – conciliation conference – agreement reached – development consent granted Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55, Sch 1 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy No 55—Remediation of Land cl 7 Wollongong Local Environmental Plan 2009 cll 4.6, 7.14 Environmental Planning and Assessment Regulation 2000 Texts Cited: Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Cosmar Enterprises Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: K Huxley (Solicitor) (Applicant) J Reilly (Solicitor) (Respondent)