Lake Illawarra Park Pty Limited v Wollongong City Council [2024] NSWLEC 1027

Land and Environment Court New South Wales

Medium Neutral Citation: Lake Illawarra Park Pty Limited v Wollongong City Council [2024] NSWLEC 1027 Hearing dates: 21, 22, 23, 24 and 25 August 2023 Date of orders: 31 January 2024 Decision date: 31 January 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court in both proceedings directs that: (1) By 1 March 2024, the parties are to file conditions in accordance with the Court template for determination of application to modify development consent (Annexure A) and with the Court template for development consent as modified (Annexure B) in accordance with Exhibit U. (2) By 1 March 2024, the parties are to file conditions or terms of Approval to Operate consistent with Exhibit U. (3) Liberty to restore is available in the normal manner, and Online Court submissions can be made should there be agreed modifications to the timetable above. The Court in both proceedings orders that: (1) The matter is listed for Online Court at 12pm, 1 March 2024. Catchwords: DEVELOPMENT APPEAL – Class 1 – modification of conditions of consent – amendment to conditions of consent for a caravan park – flood and fire risk – social impact on residents – time to make site compliant – caravan park residential site agreements and regulation of caravan parks – end of useful asset life – certainty – conciliation conference – agreement between the parties – orders LOCAL GOVERNMENT ACT APPROVAL APPEAL – Class 2 – authority to operate a caravan park – conditions of approval – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.55, 4.56, 8.9 Land and Environment Court Act 1979, ss 18, 39 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 Local Government Act 1993, Pt 1, Ch 7, ss 68, 89, 94, 98, 107, 176 Residential (Land Lease) Communities Act 2013, Pt 11, ss 37, 45, 107, 116, 118, 123 and 127 Wollongong Local Environmental Plan 2009, cl 5.21 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Arrage v Inner West Council [2019] NSWLEC 85 Baker v Gosford City Council (No 2) [2004] NSWLEC 467 Berlyn Properties Pty Ltd v Liverpool City Council and Lynette Goldsmith [2006] NSWLEC 526 Feldkirchen Pty Ltd v Development Implementation Pty Ltd (2022) 254 LGERA 114; [2022] NSWCA 227 Lake Illawarra Park Pty Ltd v Wollongong City Council [2020] NSWLEC 1622 Meriton Apartments Pty Limited v Fairfield City Council & Anor [No 2] [2005] NSWLEC 121 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 Realize Architecture Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1437 ZW2 Pty Ltd trading as Lake Mummorah Residential Resort v Welch [2019] NSWCATAP 260 Texts Cited: National Construction Code Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Lake Illawarra Park Pty Limited ACN 106 939 959 (Applicant) (In both proceedings) Wollongong City Council (Respondent) (In both proceedings) Representation: Counsel: N Eastman (Applicant) T To (Respondent)