132Cordeaux Pty Ltd v Wollongong City Council [2022] NSWLEC 1644

Land and Environment Court New South Wales

Medium Neutral Citation: 132Cordeaux Pty Ltd v Wollongong City Council [2022] NSWLEC 1644 Hearing dates: Conciliation conference on 19 October 2022 Date of orders: 23 November 2022 Decision date: 23 November 2022 Jurisdiction: Class 1 Before: McEwen AC Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs thrown away as a result of the amendment in the sum of $3,000.00. (2) The appeal is upheld. (3) Development application no. DA-2021/463 for a thirty-eight (38) lot residential subdivision of land at Lot 1 DP 534849, 132 Staff Road, Cordeaux Heights and associated works including roads, tree removal, earthworks, drainage, utilities infrastructure and landscaping is determined by the grant of consent subject to the conditions set out in Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION – subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, s 7.2 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10, 8.15 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, ss 34, 39 Rural Fires Act 1997 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 State Environment Planning Policy (Biodiversity and Conservation) 2021, ss 4.2, 4.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Water Management Act 2000 Wollongong Local Environmental Plan 2009, cll 2.6, 5.10, 5.21, 6.1, 6.2, 7.1, 7.2, 7.4, 7.5, 7.6, 7.8 Category: Principal judgment Parties: 132Cordeaux Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: K Mortimer (Solicitor) (Applicant) J Reilly (Solicitor) (Respondent)