Swinnerton v Wollongong City Council [2022] NSWLEC 1737

Land and Environment Court New South Wales

Medium Neutral Citation: Swinnerton v Wollongong City Council [2022] NSWLEC 1737 Hearing dates: Conciliation Conference 15 December 2022 Date of orders: 29 December 2022 Decision date: 29 December 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld.

(2) Development consent is granted to Development Application No. 2021/796, as amended during Land and Environment Court Proceedings No. 2022/134096, for alterations and additions to an existing dwelling house and installation of an inground swimming pool, subject to the conditions of consent annexed hereto and marked "Annexure A". Catchwords: DEVELOPMENT APPEAL – residential - alterations and additions – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environment Planning Policy (Building Sustainability Index: BASIX) 2004 State Environment Planning Policy (Resilience and Hazards) 2021, Chs 2, 3 Wollongong Local Environmental Plan 2009, cll 2.3, 4.3, 4.4, 4.4A, 5.10, 5.21, 7.1, 7.5, 7.6, 7.7 Texts Cited: Wollongong City Council Community Participation Plan (2019) Category: Principal judgment Parties: Mark Swinnerton (First Applicant) Marnie Phillips (Second Applicant) Wollongong City Council (Respondent) Representation: Counsel: A Hemmings (Applicant) E Kilpatrick (Solicitor)(Respondent)