Oscars Hotels Pty Limited v Wollongong City Council [2022] NSWLEC 1205

Land and Environment Court New South Wales

Medium Neutral Citation: Oscars Hotels Pty Limited v Wollongong City Council [2022] NSWLEC 1205 Hearing dates: 1-2 March 2022 Conciliation conferences on 1-2 March 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Class 1 Before: McEwen AC Decision: See Orders at [45], [47], [49], [51], [53], [54] Catchwords: DEVELOPMENT CONTROL ORDERS – unauthorised structures (decks (two) and pergola) erected in hotel beer garden – breach of noise condition in earlier consent – future use of structures – consent orders made in four appeals – conciliation conference in two appeals – agreements reached – orders made – no power to make an order as to costs BUILDING INFORMATION CERTIFICATE APPLICATIONS – unauthorised structures (decks (two) and pergola) erected in hotel beer garden – breach of noise condition in earlier consent – future use of structures – consent orders made in four appeals – conciliation conference in two appeals – agreements reached – orders made – no power to make an order as to costs DEVELOPMENT APPLICATIONS – unauthorised structures (decks (two) and pergola) erected in hotel beer garden – breach of noise condition in earlier consent – future use of structures – consent orders made in four appeals – conciliation conference in two appeals – agreements reached – orders made – no power to make an order as to costs Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.5, 8.7(1), 8.15(3), 8.18(3)(b), 8.18(4), 8.25(3), 9.34(3) Land and Environment Court Act 1979, s 34 Land and Environment Court Rules 2007, r 3.10 State Environmental Planning Policy (Coastal Management) 2018 Wollongong Local Environmental Plan 2009, cll 4.3, 4.4, 5.1, 7.1, 7.2, 7.5 Cases Cited: Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177 Texts Cited: Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Oscars Hotels Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: T Howard SC (Applicant) J Reilly (Solicitor) (Respondent)