The Uniting Church in Australia Property Trust (NSW) v Wollongong City Council [2023] NSWLEC 1066

Land and Environment Court New South Wales

Medium Neutral Citation: The Uniting Church in Australia Property Trust (NSW) v Wollongong City Council [2023] NSWLEC 1066 Hearing dates: Conciliation conference on 6 February 2023 Date of orders: 15 February 2023 Decision date: 15 February 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA-2021/911 for the change in use from Respite Day Care Centre to Seniors Housing to provide temporary respite care on a permanent basis and associated internal alterations at 58 Graham Street, Unanderra, being the whole of the land in Lot 131 Deposited Plan 32220, subject to conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – use – seniors respite care - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.12, 4.15, 4.16, 4.18, 8.7 Environmental Planning and Assessment Regulation 2000, cll 3, 23, 55 Environmental Planning and Assessment Regulation 2021, Sch 6 Pt 1 cl 3 Land and Environment Court Act 1979, ss 17, 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cl 2 State Environmental Planning Policy (Resilience and Hazards) 2021 Ch 4.6 Rural Fires Act 1997, s 100B Wollongong Community Participation Plan 2019 Wollongong Local Environmental Plan 2009, cll 1.2, 1.4, 2.7, 5.21 Cases Cited: Mete v Warringah Council (2004) 133 LGERA 420; [2004] NSWLEC 273 Principal Healthcare Finance Pty Limited v Blacktown City Council [2021] NSWLEC 1247 Texts Cited: Wollongong Development Control Plan 2009 Wollongong Community Participation Plan 2019 Category: Principal judgment Parties: The Uniting Church in Australia Property Trust (NSW) ABRN 134 487 095 (Applicant) Wollongong City Council (Respondent) Representation: Counsel: T Poisel (Applicant) J Reilly (Solicitor)(Respondent)