PC Infrastructure Pty Ltd v Wollongong City Council [2023] NSWLEC 1479

Land and Environment Court New South Wales

Medium Neutral Citation: PC Infrastructure Pty Ltd v Wollongong City Council [2023] NSWLEC 1479 Hearing dates: Conciliation conference held on 3 August 2023 Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-2021/776, as amended, which seeks demolition of existing structures, tree removal and construction of a service station, carwash, signage and a convenience store, landscaping and associated site works on Lot 220 DP 1114277, Lot B DP 163980 and Lot 2 DP 157440, known as 178-182 Princes Highway, Dapto, is determined by the grant of consent, subject to the conditions of consent contained at Annexure A. (3) The applicant is to pay the respondent's costs thrown away in the agreed amount of $1580, payable within 28 days of these orders, as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT APPLICATION – service station – impact considerations – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 138 State Environment Planning Policy (Industry and Employment) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, ss 2.119, 2.121, 2.122, 2.48 Wollongong Local Environmental Plan 2009, cl 2.3 Texts Cited: Wollongong Development Control Plan 2009 Category: Principal judgment Parties: PC Infrastructure Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: R Pleming (Solicitor) (Applicant) J Reilly (Solicitor) (Respondent)