NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Rod Zoby Group Pty Ltd trading as ZTA Group Pty Ltd v Wollongong City Council [2022] NSWLEC 1393 Hearing dates: Conciliation conference on 13 May 2022, 3 and 21 June 2022, 14 July 2022 Date of orders: 22 July 2022 Decision date: 22 July 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent under s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) Development consent is granted to development application 2021/1058, as amended, for the construction of a 2 storey mixed-use development (shop-top housing) comprising lower ground floor services and parking, ground floor retail/food and drink premises, first floor residential dwelling with roof open space access at Lot 2 Short Lane, Helensburgh, subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – shop top housing - 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 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 Wollongong Local Environmental Plan 2009, cll 1.4, 2.3, 4.3, 4.4, 5.10, 5.21, 7.1, 7.5, 7.6, 7.13 Category: Principal judgment Parties: Rod Zoby Group Pty Ltd trading as ZTA Group Pty Ltd ABN 56164632517 (Applicant) Wollongong City Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) D Loether (Solicitor) (Respondent)
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