Edmiston Jones Pty Ltd v Wollongong City Council [2022] NSWLEC 1308

Land and Environment Court New South Wales

Medium Neutral Citation: Edmiston Jones Pty Ltd v Wollongong City Council [2022] NSWLEC 1308 Hearing dates: Conciliation conference on 17 May 2022 Date of orders: 17 June 2022 Decision date: 17 June 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Leave is granted for the Applicant to amend the Class 1 application to rely on the further and amended material comprising the amended documents listed in "Part D" of the index annexed and marked "Annexure A". (2) The appeal is upheld. (3) Development consent is granted to development application DA 2019/980, as amended, for the demolition of the existing residential flat building, construction of a four-storey dual occupancy development with basement levels and strata title subdivision at 82A Cliff Road, Wollongong (Lots 1-4 in Strata Plan 1615) subject to the conditions of consent at Annexure B. Catchwords: DEVELOPMENT APPLICATION – dual occupancy development – amended plans – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land (SEPP 55) State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Water Management Act 2000 s 90 Wollongong Local Environmental Plan 2009, cll 5.10, 7.5, 7.6, 7.18 Category: Principal judgment Parties: Edmiston Jones Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: I Hemmings (Applicant) D Loether (Respondent)