The House of Planning Pty Ltd v Wollongong City Council [2025] NSWLEC 1099

Land and Environment Court New South Wales

Medium Neutral Citation: The House of Planning Pty Ltd v Wollongong City Council [2025] NSWLEC 1099 Hearing dates: Conciliation Conference held 4 and 5 February 2025 Date of orders: 21 February 2025 Decision date: 21 February 2025 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA-2023/976 for the demolition of existing dwelling house and associated structures including garage, decking, stairs and hardstand area and construction of a 3 storey dwelling house, retaining walls, earthworks and landscaping at Lot 69 in DP9233, known as 63 Lawrence Hargrave Drive, Austinmer, subject to conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPEAL – residential development - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, Sch 1 Land and Environment Court Act 1979, ss 34, 34AA Coastal Management Act 2016, ss 4, 5 Environmental Planning and Assessment Regulation 2021, ss 27, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, 4, ss 2.10, 2.11, 2.12, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Wollongong Local Environmental Plan 2009, cll 2.7, 4.3, 4.4, 7.1, 7.5, 7.6 Category: Principal judgment Parties: The House of Planning Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: S Berveling (Applicant) M Staunton (Respondent)