Blaq Property Fund No. 22 Pty Ltd v Wollongong City Council [2025] NSWLEC 1073

Land and Environment Court New South Wales

Medium Neutral Citation: Blaq Property Fund No. 22 Pty Ltd v Wollongong City Council [2025] NSWLEC 1073 Hearing dates: Conciliation Conference held 24 January 2025 Date of orders: 11 February 2025 Decision date: 11 February 2025 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) The Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the application in the amount of $1,920, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) Development Application DA-2024/259, as amended, for alterations and additions to the shop-top housing development approved by Development Consent DA-2022/169, to provide for an additional 41 residential units across both towers (within three (3) additional storeys), 47 additional carparking spaces, inclusion of an affordable housing component comprising 27 units and subdivision, at 32 - 40 Flinders Street Wollongong is approved, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions to approved shop top housing - conciliation conference – agreement between the 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 Roads Act 1993, s 9 Environmental Planning and Assessment Amendment (Residential Apartment Development) Regulation 2015 Environmental Planning and Assessment Regulation 2021, s 29, 38 State and Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119, 2.120, 2.122 State Environmental Planning Policy (Housing) 2021, s 16, 19, 21, 147, Ch 4 State Environmental Planning Policy (Resilience and Hazards) 2021 ss 2.10, 2.11, 4.6, Ch 2 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 Wollongong Local Environmental Plan 2009, cll 2.5, 2.6, 4.3, 4.4A, 4.5, 4.6, 5.1, 5.1A, 5.21, 7.1, 7.5, 7.18, 8.1, 8.4 Cases Cited: Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Texts Cited: Apartment Design Guide 2015 Acid Sulfate Soils Manual 1998 Category: Principal judgment Parties: Blaq Property Fund No. 22 Pty Ltd ACN 645 160 354 (Applicant) Wollongong City Council (Respondent) Representation: Counsel: M Norman (Solicitor) (Applicant) E Kilpatrick (Solicitor) (Respondent)