Kinetic Wollongong Pty Ltd v Wollongong City Council [2023] NSWLEC 1609

Land and Environment Court New South Wales

Medium Neutral Citation: Kinetic Wollongong Pty Ltd v Wollongong City Council [2023] NSWLEC 1609 Hearing dates: Conciliation Conference 31 July, 24 August, 1 and 20 September 2023 Date of orders: 27 October 2023 Decision date: 27 October 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) The Applicant to pay the Respondent's costs thrown away as a result of the amendments made in the sum of $4,500, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 within 21 days of these orders. (3) Development Application DA-2022/320 for demolition of existing structures and construction of a 9 storey residential flat building comprising 35 residential apartments over basement parking, including communal space, associated landscaping and stormwater drainage at 17-19 Gladstone Avenue, Wollongong, is determined by a grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition – residential flat building – contravention of separation of building development standard – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.99, 2.100, 2.118, 2.119 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development 2002, s 28 Wollongong Local Environmental Plan 2009, cl 4.3, 4.4A, 4.6, 5.10, 5.21, 7.1, 7.13, 7.18, 8.6 Texts Cited: NSW Department of Planning and Environment Apartment Design Guide, July 2015 Category: Principal judgment Parties: Kinetic Wollongong Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: M Sonter (Solicitor)(Applicant) J Reilly (Solicitor)(Respondent)