Surewin Parkview Pty Ltd v Wollongong City Council [2024] NSWLEC 1578

Land and Environment Court New South Wales

Medium Neutral Citation: Surewin Parkview Pty Ltd v Wollongong City Council [2024] NSWLEC 1578 Hearing dates: 15-19 July and 22-26 July 2024 Date of orders: 19 September 2024 Decision date: 19 September 2024 Jurisdiction: Class 1 Before: Walsh C and Coetzee AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application DA-2022/469 for multi dwelling housing at Lot 90 DP 1086429, known as 14 Cosgrove Avenue Keiraville, is determined by refusal of consent to the application. (3) The exhibits are returned, except Exhibits 1, D and Q which are retained. Catchwords: APPEAL – development application – multi dwelling housing – bushfire risk – determination of appropriate vegetation formation for asset protection zone calculations – steep site gradients and accessibility of urban fire appliances – visual impacts – aboriginal cultural heritage impacts – scale of excavation and earthworks – construction stage impacts on local residential amenity Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.14, 8.7 Fire and Rescue NSW Act 1989 Wollongong Local Environmental Plan 2009 cl 7.14 Texts Cited: Fire Safety Guideline – Access for fire brigade vehicles and firefighters National Construction Code Ocean Shores to Desert Dunes: The Native Vegetation of New South Wales and the ACT, NSW Department of Environment and Conservation Planning for Bush Fire Protection 2019 Wollongong Development Control Plan Category: Principal judgment Parties: Surewin Parkview Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) M Staunton (Respondent)