Pallone v Wollongong City Council [2024] NSWLEC 1711

Land and Environment Court New South Wales

Medium Neutral Citation: Pallone v Wollongong City Council [2024] NSWLEC 1711 Hearing dates: Conciliation conference on 28 October 2024 Date of orders: 06 November 2024 Decision date: 06 November 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-2023/360 seeking consent for the demolition of the existing structures and construction of a dual occupancy development over one level of basement carparking at 3 Harbour Street, Wollongong NSW is determined by the grant of consent subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION: dual occupancy development in R1 General Residential zone - Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, 2.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Wollongong Local Environmental Plan 2009, cll 2.1, 4.3, 4.4, 5.10, 5.21, 6.1, 7.6, Sch 5 Texts Cited: Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Umberto Pallone (Applicant) Wollongong City Council (Respondent) Representation: Counsel: M Bawden (Solicitor) (Applicant) J Reilly (Solicitor) (Respondent)