Christou v Wollongong City Council [2024] NSWLEC 1018

Land and Environment Court New South Wales

Medium Neutral Citation: Christou v Wollongong City Council [2024] NSWLEC 1018 Hearing dates: 18 and 19 October 2023 Date of orders: 24 January 2024 Decision date: 24 January 2024 Jurisdiction: Class 1 Before: Walsh C Decision: Proceedings 2022/358734: The Court orders that: (1) The appeal is dismissed. (2) Development application DA-2021/1316 for minor alterations and prospective use of part of an existing industrial building for storage purposes, and associated development at Lots 1, 2, 3 and 4 in SP 37585 (No. 47) Montague Street is determined by refusal of consent. (3) The exhibits are returned except Exhibits A, B, C, D, G and 11 which are retained. Proceedings 2022/358735: The Court orders that: (1) The appeal is dismissed. (2) Building information certificate application no. BIC-2022/55 is refused. Catchwords: APPEAL – development application – building information certificate application – minor alterations and prospective use of existing industrial building for warehouse purposes – associated parking and landscape changes – contravention of floor space ratio development standard is determinative – no cause to direct the issue a building information certificate in relation to unauthorised industrial building Legislation Cited: Environmental Planning and Assessment Act 1979, ss 6.25, 8.25, 8.8 Land and Environment Court Act 1979, s 34 Standard Instrument—Principal Local Environmental Plan (Standard Instrument), cl 4.6 Wollongong Local Environmental Plan 2009, cll 4.4, 4.6, 5.21, Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Jacobs v Waverley Council [2019] NSWLEC 1232 Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Amalia Christou (First Applicant) Themistoclis Christou (Second Applicant) Wollongong City Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicants) J Reilly (Solicitor) (Respondent)