Wollongong Investments No. 4 Pty Ltd v Wollongong City Council [2023] NSWLEC 1426

Land and Environment Court New South Wales

Medium Neutral Citation: Wollongong Investments No. 4 Pty Ltd v Wollongong City Council [2023] NSWLEC 1426 Hearing dates: Conciliation Conference on 27 July 2023 Date of orders: 8 August 2023 Decision date: 08 August 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the amended documentation listed in Annexure 'B'. (2) The Applicant is to pay the Respondent's reasonable costs thrown away as a result of the amendment in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $15,000 payable within 28 days. (3) The appeal is upheld. (4) Development Application No DA-2021/1000 for the demolition of existing structures on the site, remediation and erection of a 7 to 9 storey shop top housing development comprising three ground floor commercial tenancies, 182 apartments, above 2 basement levels at 35-43 Flinders Street, Wollongong, is determined by a grant of consent subject to conditions contained in Annexure 'A'. Catchwords: APPEAL – development application – commercial development with shop top housing – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50, 55, Sch 1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4, Pt 4.2 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.12, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120, 2.122 Wollongong Local Environmental Plan 2009, cll 4.3, 4.4, 4.4A, 7.1, 7.6, 7.18 Texts Cited: Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: Wollongong Investments No. 4 Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: B Salon (Solicitor) (Applicant) J Reilly (Solicitor) (Respondent)