Wollongong Invest Land No.3 Pty Ltd v Wollongong City Council [2022] NSWLEC 1425

Land and Environment Court New South Wales

Medium Neutral Citation: Wollongong Invest Land No.3 Pty Ltd v Wollongong City Council [2022] NSWLEC 1425 Hearing dates: Conciliation conference held on 3 and 4 August 2022 Date of orders: 16 August 2022 Decision date: 16 August 2022 Jurisdiction: Class 1 Before: Walsh C Decision: See orders at [48] below Catchwords: DEVELOPMENT APPLICATION – mixed use development – two residential towers comprising 263 apartments – 100 place child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 3, 50, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 28 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.45, 2.122, Sch 9 Wollongong Local Environmental Plan 2009, cll 2.3, 2.7, 4.3, 4.4, 4.4A, 4.6, 5.10, 7.1, 7.6, 7.13, 7.18, 8.4, 8.6 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) NSW Department of Planning and Environment, Child Care Planning Guideline (August 2017) Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Wollongong Invest Land No.3 Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: B Salon (Solicitor) (Applicant) H Irish (Respondent)