Pavia v Wollongong City Council [2023] NSWLEC 1748

Land and Environment Court New South Wales

Medium Neutral Citation: Pavia v Wollongong City Council [2023] NSWLEC 1748 Hearing dates: Conciliation Conference on 28 November 2023 Date of orders: 08 December 2023 Decision date: 08 December 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA-2021/1467 for shop top housing comprising four (4) commercial tenancies, forty two (42) residential apartments, and three (3) levels of basement parking at Lot 1 DP 612714 and Lot 20 DP 856321, commonly known as 81-85 Keira Street, WOLLONGONG NSW 2500 is determined by the granting of deferred commencement consent, subject to the conditions in Annexure "A" to these orders. Catchwords: DEVELOPMENT APPEAL – alterations and additions – boarding house – heritage – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 29 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, Ch 4 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.122 State Environmental Planning Policy Amendments (Land Use Zones) (No.6) 2022, cll 2, 5, Sch 1, Pt 2 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, cll 28, 30, Sch 1 Wollongong Local Environmental Plan 2009, cll 4.3, 4.4A, 5.10, 7.1, 7.5, 7.18, 7.6, 8.4, Sch 1, cl 34 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: Vince Pavia (Applicant) Wollongong City Council (Respondent) Representation: Counsel: M Mantei (Solicitor)(Applicant) E Kilpatrick (Solicitor) (Respondent)