Paragon Illawarra Pty Ltd v Wollongong City Council [2024] NSWLEC 1216

Land and Environment Court New South Wales

Medium Neutral Citation: Paragon Illawarra Pty Ltd v Wollongong City Council [2024] NSWLEC 1216 Hearing dates: Conciliation conference held on 8 March 2024 Date of orders: 24 April 2024 Decision date: 24 April 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs 'thrown away' as a result the amendment of the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $4,300.00 and payable within 28 days of this order. (2) The appeal is upheld. (3) Development consent is granted to DA-2023/50 for the demolition of the existing structures and construction of a residential flat building comprising of 11 units over basement car parking, removal of trees, associated landscaping and drainage works at 4-6 Blacket Street, North Wollongong, subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 30 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, Chs 2, 4, ss 2.10, 2.11, 4.6 Wollongong Local Environmental Plan 2009, cll 2.7, 7.1, 7.5, 7.18, Pt 8 Category: Principal judgment Parties: Paragon Illawarra Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) J Reilly (Solicitor) (Respondent)