Weriton Finance v Wollongong City Council [2011] NSWLEC 1046

Land and Environment Court New South Wales

Medium Neutral Citation: Weriton Finance v Wollongong City Council [2011] NSWLEC 1046 Hearing dates: 21 & 22 October and 6, 9 & 10 December 2010 and 1 February 2011 Decision date: 09 March 2011 Before: Moore SC, Morris C Decision: 1 In Matter No 10459 of 2010, the orders of the Court are: (1) The appeal is dismissed; (2) Development Application 2009/1316 for bed and breakfast premises on proposed Lot 1 at Headland Avenue, Austinmer, is determined by the refusal of development consent. 2 In Matter No 10460 of 2010, the orders of the Court are: (1) The appeal is dismissed; (2) Development Application 2009/1317 for bed and breakfast premises on proposed Lot 2 at Headland Avenue, Austinmer, is determined by the refusal of development consent. 3 In Matter No 10461 of 2010, the orders of the Court are: (1) The appeal is dismissed; (2) Development Application 2009/1318 for bed and breakfast premises on proposed Lot 3 at Headland Avenue, Austinmer, is determined by the refusal of development consent. 4 In Matter No 10462 of 2010, the orders of the Court are: (1) The appeal is dismissed; (2) Development Application 2009/1319 for bed and breakfast premises on proposed Lot 4 at Headland Avenue, Austinmer, is determined by the refusal of development consent. 5 In Matter No 10463 of 2010, the orders of the Court are: (1) The appeal is dismissed; (2) Development Application 2009/1320 for bed and breakfast premises on proposed Lot 5 at Headland Avenue, Austinmer, is determined by the refusal of development consent. 6 In Matter No 10464 of 2010, the orders of the Court are: (1) The appeal is dismissed; (2) Development Application 2009/1321 for bed and breakfast premises on proposed Lot 6 at Headland Avenue, Austinmer, is determined by the refusal of development consent. 7 In Matter No 10465 of 2010, the orders of the Court are: (1) The appeal is dismissed; (2) Development Application 2009/1322 for bed and breakfast premises on proposed Lot 7 at Headland Avenue, Austinmer, is determined by the refusal of development consent. 8 In Matter No 10231 of 2010, subject to satisfaction of the directions concerning this matter, the appeal will be upheld and Development Application 2009/1313 for the consolidation of nine existing allotments and re-subdivision into eight allotments of land and for the demolition of the existing structures on the site at Yuruga Street and Headland Avenue at Austinmer will be determined by the granting of development consent for the proposed demolition only - subject to the filing, electronically and in hard copy, of settled conditions of consent for the approved demolition works. 9 In Matter No 10528 of 2010, subject to satisfaction of the directions concerning this matter, the appeal will be upheld and Development Application 2009/1315 for the erection of serviced apartments and associated spa resort and restaurant facilities will be determined by the granting of development consent subject to the provision of a revised version of plans DA-MP-201 and DA-MP-202 reflecting the changes required to the proposed spa resort facility elements discussed in para 116; and the filing, electronically and in hard copy, of settled conditions of consent reflecting the terms of this decision relating to consolidation of the site and landscaping of the area to the north of the proposed serviced apartment/spa resort building. Catchwords: DEVELOPMENT APPLICATION; visual impact; characterisation; impact on local heritage items (Norfolk Island pines); Aboriginal cultural heritage; compliance with mandatory LEP prerequisite to demonstrate a clear need for the service [bed and breakfast accommodation] in the area; consolidation and re-subdivision. Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Wollongong Local Environmental Plan 1990 Wollongong Local Environmental Plan 2009 Cases Cited: Ali v Liverpool City Council [2009] NSWLEC 1327 Weriton Finance v Wollongong City Council [2010] NSWLEC 1301 Weriton Finance v Wollongong City Council (No 2) [2010] NSWLEC 1313 Category: Principal judgment Parties: Weriton Finance Pty Limited (applicant) Wollongong City Council (respondent) Representation: Counsel: Mr A Pickles (applicant) Mr A Galasso SC (respondent) Solicitors: Mr D Briggs D G Briggs & Associates (applicant) Mr M Cottom Kells the Lawyers (respondent) File Number(s): 10231; 10459 to 10465; 10528 of 2010