Lake Illawarra Park Pty Limited v Wollongong City Council (No 2) [2024] NSWLEC 1296

Land and Environment Court New South Wales

Medium Neutral Citation: Lake Illawarra Park Pty Limited v Wollongong City Council (No 2) [2024] NSWLEC 1296 Hearing dates: 21, 22, 23, 24 and 25 August 2023 Date of orders: 05 June 2024 Decision date: 05 June 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: Orders Modification Application Appeal Proceedings 2022/246585 The Court orders: (1) The appeal is upheld. (2) Development Consent No DA-2018/1499 is modified in the terms in Annexure A. (3) Development Consent No DA-2018/1499 as modified by the Court is Annexure B. Orders LGA Licence Proceedings 2022/246571 The Court orders: (1) The appeal is upheld. (2) Approval to Operate Caravan Park at 210-230 Windang Road, Windang Approval No LG-2020/78 is granted subject to conditions in Annexure C. 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 – orders LOCAL GOVERNMENT ACT APPROVAL APPEAL – Class 2 – authority to operate a caravan park – conditions of approval – orders Cases Cited: Lake Illawarra Park Pty Limited v Wollongong City Council [2024] NSWLEC 1027 Category: Principal judgment Parties: Lake Illawarra Park Pty Limited ACN 106 939 959 (Applicant) (In both proceedings) Wollongong City Council (Respondent) Representation: Counsel: N Eastman (Applicant) T To (Respondent)