Altin Holdings Pty Ltd v Wollongong City Council [2022] NSWLEC 1329

Land and Environment Court New South Wales

Medium Neutral Citation: Altin Holdings Pty Ltd v Wollongong City Council [2022] NSWLEC 1329 Hearing dates: Conciliation conference on 21 June 2022 Date of orders: 28 June 2022 Decision date: 28 June 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent in the agreed amount of $4,950 that have been thrown away as a result of the amendment of the application for development consent, within 30 days of the date of these orders. (3) Development consent is granted to development application DA-2019/1124 which seeks consent for the demolition of the existing dwelling house and construction of a multi dwelling housing development comprising 5 attached dwellings and on-site parking including civil works and tree removal at 92-94 Princes Highway, Thirroul, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition – multi dwelling housing development - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, cl 27 Environmental Planning and Assessment Regulation 2000, cl 55 and Schedule 1 Interpretation Act 1987, s 30A 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, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 State Environmental Planning Policy (Infrastructure) 2007, cl 101 Wollongong Local Environmental Plan 2009, cll 5.10, 7.3, 7.5, 7.6 Category: Principal judgment Parties: Altin Holdings Pty Ltd ACN 768265615 (Applicant) Wollongong City Council (Respondent) Representation: Counsel: K Marginson (Solicitor) (Applicant) E Kilpatrick (Solicitor) (Respondent)