Thirroul Plaza Pty Ltd v Wollongong City Council [2022] NSWLEC 1569

Land and Environment Court New South Wales

Medium Neutral Citation: Thirroul Plaza Pty Ltd v Wollongong City Council [2022] NSWLEC 1569 Hearing dates: 25 - 28 July 2022 Date of orders: 19 October 2022 Decision date: 19 October 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application number 2020/363 which seeks consent for Lot consolidation, demolition of existing structures, removal of 32 trees and construction of a 3 storey mixed use development containing 77 residential units across 4 building forms, wellness centre and swimming pool, commercial premises (14 shops, 2 kiosks and 1 supermarket) and 2 basement levels containing 299 carparking spaces (206 retail parking spaces, 77 residential visitor spaces), 51 bicycle parking spaces and 13 motorcycle parking spaces and associated road upgrade works at 282-298 and 302-304 Lawrence Hargraves Drive, Thirroul is determined by way of refusal. (3) The exhibits are to be returned except for Exhibits A, E, and 1. Catchwords: DEVELOPMENT APPLICATION: demolition and construction of a proposed three storey mixed use development with basement car park – supermarket, shops, 77 residential apartments – whether the development has an adverse impact on built form and character of the village – acceptability of pedestrian circulation and public domain -whether the development will result in unacceptable impacts on the adjacent heritage items – whether the residential component of the development will have appropriate amenity – whether the development will have an appropriate level of acoustic amenity given proximity to rail and commercial uses – consideration of public submissions and concerns – appeal dismissed, application refused. Legislation Cited: Civil Procedure Act 2005 s 56 Environmental Planning and Assessment Act 1979 ss 3.42, 3.43, 4.15, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Transport and Infrastructure) 2021 cl 2.100 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development ss 4, 28 State Environmental Planning Policy Resilience and Hazards cl 4.6 Wollongong Local Environmental Plan 2009 ss 2.2, 2.7, 4.3, 4.4, 4.6, 5.10, 7.13 Cases Cited: Concrite Pty Ltd v South Sydney City Council [2001] NSWLEC 227 Inghams Enterprises Pty Ltd v Kira Holdings Pty Ltd (1996) 90 LGERA 68 Stockland Development Pty Ltd v Manly City Council [2004] NSWLEC 355 Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWCA 106 Texts Cited: NSW Department of Planning, Apartment Design Guideline (2015) Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Thirroul Plaza Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: A Galasso,SC (Applicant) M Staunton (Applicant) A Seton, (Solicitor) (Respondent)