Brewster Murray Pty Ltd v Wollongong City Council [2021] NSWLEC 1651

Land and Environment Court New South Wales

Medium Neutral Citation: Brewster Murray Pty Ltd v Wollongong City Council [2021] NSWLEC 1651 Hearing dates: Conciliation conference held on 7 and 11 October 2021 Date of orders: 1 November 2021 Decision date: 01 November 2021 Jurisdiction: Class 1 Before: Walsh C Decision: See orders at [45] below Catchwords: DEVELOPMENT APPLICATION – mixed use development – residential tower comprising 107 dwellings – Wollongong city centre – development standard contravention – design excellence –considerations relating to existing development consent involving neighbouring property – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.8 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 34 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, cll 4.3, 4.4, 4.6, 5.3, 5.10, 7.1, 7.6, 7.14, 7.18 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Land and Environment Court, COVID-19 Pandemic Arrangements Policy, (April 2021) Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Brewster Murray Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) J Reilly (Solicitor) (Respondent)