Legpro 70 Pty Ltd atf Legpro Unit Trust v Wollongong City Council [2024] NSWLEC 1448

Land and Environment Court New South Wales

Medium Neutral Citation: Legpro 70 Pty Ltd atf Legpro Unit Trust v Wollongong City Council [2024] NSWLEC 1448 Hearing dates: Conciliation conferences on 6 June, 20 June, 27 June 2024 Date of orders: 30 July 2024 Decision date: 30 July 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA-2023/166, as amended, for bulk earthworks, tree removal, vegetation management and ancillary works at 27 Railway Street, Corrimal NSW 2518 is determined by the grant of development consent subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – earthworks – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Heritage Act 1977, ss 60, 140 Land and Environment Court Act 1979, s 34 Water Management Act 2000 Environmental Planning and Assessment Regulation 2021, ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 4.9, Ch 4 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.11, 2.12, 4.6, Ch 2 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.97, 2.99

Wollongong Local Environmental Plan 2009, cll 2.3, 5.1A, 5.10, 5.21, 7.5, 7.6 Category: Principal judgment Parties: Legpro 70 Pty Ltd ATF Legpro Unit Trust (Applicant) Wollongong City Council (Respondent) Representation: Counsel: C Collett (Solicitor) (Applicant) H Irish (Respondent)