South Coast Drafting Services Pty Ltd v Wollongong City Council [2024] NSWLEC 1277

Land and Environment Court New South Wales

Medium Neutral Citation: South Coast Drafting Services Pty Ltd v Wollongong City Council [2024] NSWLEC 1277 Hearing dates: 4 and 5 March 2024 Date of orders: 27 May 2024 Decision date: 27 May 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application no. DA-2022/852 for the demolition of the existing dwelling and associated structures and construction of a dwelling house with basement garage and store, swimming pool, retaining walls, site works and landscaping on Lot 3 in Deposited Plan 8096, known as 3 Boyce Avenue, Austinmer, and the road reserve adjacent to that land, and new vehicular access via Boyce Avenue involving works within the road reserve, is refused consent. (3) The exhibits are returned, except for A, B, 1, 3 and 5. Catchwords: APPEAL – Development application – s34AA – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.10, 8.14 Land and Environment Court Act 1979, ss 17, 34AA, 39 Environmental Planning and Assessment Regulation 2021, s 38 Wollongong Local Environmental Plan 2009, cll 4.3, 4.4, 7.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Wollongong Community Participation Plan 2023 Wollongong Development Control Plan 2009 Category: Principal judgment Parties: South Coast Drafting Services Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) D Loether (Solicitor) (Respondent)