High Dune Pty Ltd as Trustee for High Dune Unit Trust v Wollongong City Council [2023] NSWLEC 1181

Land and Environment Court New South Wales

Medium Neutral Citation: High Dune Pty Ltd as Trustee for High Dune Unit Trust v Wollongong City Council [2023] NSWLEC 1181 Hearing dates: Conciliation conference on 12 October 2022; 2 & 23 November 2022; 14 December 2022; 3 February 2023 Date of orders: 19 April 2023 Decision date: 19 April 2023 Jurisdiction: Class 1 Before: Adam AC Decision: The Court orders: (1) Leave is granted to amend the Development Application consistent with the plans and documents set out in Condition 1 of Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as a result of the amendments to the development in Annexure A, in the amount of $8,000.00 (eight thousand dollars) within 28 days of the date of these orders. (3) The appeal is upheld. (4) Development Application No. DA/1324/2021 lodged with the Respondent on 17 November 2021 (DA), being for the proposed demolition of part of the elevated boardwalk section of Wilkies Walk and reconstruction of part of the boardwalk, and a 3-lot subdivision of land known as 1 Amy Street Thirroul NSW 2515, also known as Lot 101 DP 268549, is determined by grant of consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLCATION – appeal – deemed refusal – subdivision – three Torrens title lots – associated works – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 4.51, 8.7, Div 4.8 Land and Environment Court Act 1979, s 34 National Parks & Wildlife Act 1974, s 90 Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021, Sch 1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6, Chs 2, 4 Wollongong Local Environmental Plan 2009, cll 2.3, 2.6, 4.1, 4.1A, 5.10, 5.21, 7.2, 7.4, 7.7 Cases Cited: Rothwell Boys Pty Ltd v Coffs Harbour Council [2012] NSWLEC 19 Texts Cited: Wollongong Development Control Plan 2009 Category: Principal judgment Parties: High Dune Pty Ltd as Trustee for High Dune Unit Trust (Applicant) Wollongong City Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) Mr A Seton (Solicitor) (Respondent) Ms P Hudson (Solicitor) (Respondent)