McDonagh Developments Pty Ltd v Wollongong City Council [2022] NSWLEC 1239

Land and Environment Court New South Wales

Medium Neutral Citation: McDonagh Developments Pty Ltd v Wollongong City Council [2022] NSWLEC 1239 Hearing dates: Hearing: 3 May 2022; Conciliation conference on 3 May 2022 Date of orders: 6 May 2022 Decision date: 06 May 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA 2021/1053 for demolition of existing structures and tree removals, construction of a multi housing development comprising 9 x 3 bedroom dwellings and strata subdivision on land described as 3-5 James Road, Corrimal, together with drainage works to dispose of stormwater through a proposed easement over part of the land described as Lot 2 in DP 519091, is determined by the grant of consent, subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing in R2 Low Density Residential zone – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.46, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Water Management Act 2000 Wollongong Local Environmental Plan 2009, cll 5.21, 7.1, 7.6 Category: Principal judgment Parties: McDonagh Developments Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: M Staunton (Applicant) E Kilpatrick (Solicitor) (Respondent)