Warrawong Greene Developments Pty Ltd v Wollongong City Council [2024] NSWLEC 1675

Land and Environment Court New South Wales

Medium Neutral Citation: Warrawong Greene Developments Pty Ltd v Wollongong City Council [2024] NSWLEC 1675 Hearing dates: Conciliation conference on 10 and 11 October 2024: submissions 16 and 21 October 2024 Date of orders: 24 October 2024 Decision date: 24 October 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Council's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA-2023/150 for the demolition of existing structures, and construction of a seven storey mixed use shop top housing development comprising 57 residential apartments (6 x 1 bedroom units, 24 x 2 bedroom units and 27 x 3 bedroom units) above ground floor commercial tenancies and 2 levels of basement comprising storage and a total of 99 car parking spaces (62 residential spaces, 25 commercial spaces, 12 visitor spaces) plus spaces for motorcycles and bicycles on land legally described as Lots 1 and 2 in DP 35455, and Lot 1 in DP 502638, known as 17-23 Greene Street, Warrawong, subject to conditions of consent in Annexure B. Catchwords: DEVELOPMENT APPLICATION: Mixed use shop top housing development in E2 Commercial Centre zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 29 State Environmental Planning Policy (Housing) 2021, ss 147, 148, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6, Ch 2 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Wollongong Local Environmental Plan 2009, cll 4.3, 4.4, 4.6, 5.21, 7.1, 7.5, 7.6, 7.13, 7.14 Texts Cited: Apartment Design Guide 2015 Category: Principal judgment Parties: Warrawong Greene Development Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: J Smith (Applicant) J Reid (Respondent)