Bernard Figtree Properties Pty Ltd v Wollongong City Council [2024] NSWLEC 1739

Land and Environment Court New South Wales

Medium Neutral Citation: Bernard Figtree Properties Pty Ltd v Wollongong City Council [2024] NSWLEC 1739 Hearing dates: Conciliation Conference held 28 October 2024 Date of orders: 19 November 2024 Decision date: 19 November 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent DA-1989/321 formerly relating to Lot 31 DP 939374 and Lot 2 DP 206753 known as Terrie Avenue, Figtree, is modified in the terms in Annexure A as underlined and noted as "Amended Modification F" as it relates to the remaining undeveloped parcel lot 313 DP 1123222. Catchwords: DEVELOPMENT APPEAL – modification of consent – Stage C-E Residential Subdivision - orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, s 4.55, 8.9 Land and Environment Court Act 1979, s 34 Water Management Act 2000 Environmental Planning and Assessment Regulation 2021, s 98 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 Wollongong Local Environmental Plan 2009 Cases Cited: Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 Realize Architecture Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1437 Realize Architecture case (Canterbury-Bankstown Council v Realize Architecture Pty Ltd [2024] NSWLEC 31 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Texts Cited: Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Bernard Figtree Properties Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: J Reid (Applicant) J Reilly (Solicitor) (Respondent)