Eskaroos v Wollongong City Council [2022] NSWLEC 1364

Land and Environment Court New South Wales

Medium Neutral Citation: Eskaroos v Wollongong City Council [2022] NSWLEC 1364 Hearing dates: Conciliation conference on 18 May 2022, 9, 22 and 29 June 2022 Date of orders: 13 July 2022 Decision date: 13 July 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA-2021/815 lodged on 27 July 2021, as amended, for the demolition of two dwelling houses and ancillary structures and the construction of a two-storey childcare centre including at grade parking at 127-129 Kanahooka Road, Kanahooka is approved subject to the conditions of consent in Annexure "A". (3) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent as agreed that have been thrown away as a result of the amendment of the application for development consent. The Applicant agrees to pay the Respondent's costs of $3,770.00 within 28 days of the date of Judgment. Catchwords: DEVELOPMENT APPEAL – child care centre - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 23, 24A, 25, 26 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 4.4, 4.6 Wollongong Local Environment Plan 2009, cll 2.7, 4.3, 4.4, 5.10, 7.1, 7.5, 7.6 Texts Cited: NSW Department of Planning and Environment, Child Care Planning Guideline (August 2017) Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Samuel Eskaroos (First Applicant) Maryanne Eskaroos (Second Applicant) David Fanous (Third Applicant) Natalie Fanous (Fourth Applicant) Wollongong City Council (Respondent) Representation: Counsel: G Christmas (Solicitor) (Applicants) J Reilly (Solicitor) (Respondent)