Neate v Wollonong City Council [2006] NSWLEC 164

Land and Environment Court of New South Wales

CITATION : Neate v Wollonong City Council [2006] NSWLEC 164

Applicant: David Neate PARTIES : Respondent: Wollongong City Council

FILE NUMBER(S) : 11377 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- Seniors Living, impact on flooding

DATES OF HEARING: 03/04/2006 and 04/04/2006

EX TEMPORE JUDGMENT DATE : 04/04/2006

Applicant: LEGAL REPRESENTATIVES: Mr J Maston, barrister, instructed by Mr K Webber of Wilshire Webb Respondent: Mr M Mantei, solicitor of Kells the Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

4 April 2006

11377 of 2005 David Neate v Wollongong City Council

JUDGMENT

The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 Senior Commissioner: This is an appeal against the deemed refusal by Wollongong City Council (the council) of a development application to demolish the existing structures and erect a housing development for seniors containing 80 dwellings on lot 51 DP 554443 and lot 4 DP 1078687, known as 47 Boronia Avenue, Windang.