Sales v Wollongong City Council [2024] NSWLEC 1151

Land and Environment Court New South Wales

Medium Neutral Citation: Sales v Wollongong City Council [2024] NSWLEC 1151 Hearing dates: 21 March 2024 Date of orders: 02 April 2024 Decision date: 02 April 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application No DA-2022/67 seeking consent for construction of multi-dwelling housing comprising three units, basement car parking and three lot strata subdivision at 382-384 Lawrence Hargrave Drive, Scarborough is determined by granting development consent subject to the conditions set out in Annexure A. (3) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: APPEAL – development application – multi-dwelling housing – rail corridor and classified road – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cll 2.98, 2.99, 2.100, 2.119, 2.120 Wollongong Local Environmental Plan 2009, cll 5.10, 7.6 Cases Cited: SHMH Properties Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 66 Category: Principal judgment Parties: Andrew Sales (Applicant) Wollongong City Council (Respondent) Representation: Counsel: J Smith (Applicant) J Reilly (Solicitor) (Respondent)