Raland Construction Pty Ltd v Wollongong City Council [2022] NSWLEC 1741

Land and Environment Court New South Wales

Medium Neutral Citation: Raland Construction Pty Ltd v Wollongong City Council [2022] NSWLEC 1741 Hearing dates: Conciliation Conference 16 December 2022 Date of orders: 29 December 2022 Decision date: 29 December 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is to pay the Council's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $1,460 payable within 28 days of the making of the Court's orders in accordance with this agreement. (2) The Appeal is upheld. (3) Development consent is granted to Development Application No. DA-2022/777, as amended, for the demolition of existing structures, the removal of an identified tree and the construction of a three storey centre-based child care facility for 86 children including at-grade parking on land legally described as Lot 300, in DP1282837 and known as 10 Osborne Street, Dapto, subject to the conditions at Annexure A. Catchwords: APPEAL – development application – centre-based child care facility – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, cll 37, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3 Wollongong Local Environmental Plan 2009, cll 7.5, 7.6 Category: Principal judgment Parties: Raland Construction Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Reilly (Solicitor) (Respondent)