Kingdom Developments 5 Pty Ltd v Wollongong City Council [2022] NSWLEC 1654

Land and Environment Court New South Wales

Medium Neutral Citation: Kingdom Developments 5 Pty Ltd v Wollongong City Council [2022] NSWLEC 1654 Hearing dates: 9-11 August 2022: 14 September 2022: 27 October 2022 Date of orders: 29 November 2022 Decision date: 29 November 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Court, exercising under s 39(2) of the Land and Environment Court Act 1979 the function of Wollongong City Council, as the relevant consent authority under cl 55(1) of the Environmental Planning and Assessment Regulation 2000 (EPA Regulation), agrees to the applicant amending the development application No DA-2021/890 the amended plans and other documents at [31] of this judgment. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments in respect of the amended plans and other documents at [28] of this judgment, with which the Respondent agreed in accordance with cl 55 of the EPA Regulation. (3) The appeal is upheld. (4) Development application No DA-2021/890 for the demolition of a building and construction of a mixed use development comprising 'shop top housing' in an eight storey building, with retail and business premises/office premises at the ground floor level, and over basement car parking at 7-13 and 15 Gladstone Avenue, Wollongong, is determined by the grant of consent, subject to conditions of consent at Annexure A. (5) All Exhibits are returned, except for Exhibits A, B, C, D, H, M, N. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – shop top housing development in B4 Mixed use zone – building separation standard in B4 Mixed Use zone - flood planning – whether exhibits design excellence – conditions of consent Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Land and Environment Court Act 1979 s 39 Roads Act 1993 State Environmental Planning Policy No 65 - Design Quality on Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.100 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Wollongong Local Environmental Plan 2009, cll 4.6, 5.21, 7.6, 7.18, 8.6, Sch 5 Cases Cited: Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 Zaki Property Pty Ltd v Wollongong City Council [2022] NSWLEC 1526 Texts Cited: Apartment Design Guide Department of Planning's Development Near Rail Corridors and Busy Roads – Interim Guideline Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Kingdom Developments 5 Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: T To (Applicant) H Irish (Respondent)