Anglican Retirement Villages, Diocese of Sydney v Wollongong City Council [2013] NSWLEC 1181

Land and Environment Court New South Wales

Medium Neutral Citation: Anglican Retirement Villages, Diocese of Sydney v Wollongong City Council [2013] NSWLEC 1181 Hearing dates: 28, 29, 30, 31 May and 18 June 2013 Decision date: 27 September 2013 Jurisdiction: Class 1 Before: Dixon C Decision: (1) The appeal is upheld. (2)Development Consent is granted to Development Application No 2011/1383 subject the conditions in exhibit R2. (3)The exhibits are returned apart from exhibits A1, A4 and A9 R2. Catchwords: Appeal - development application for the site investigation works under a concept plan approval, ecological impacts on flora and fauna, impacts on Aboriginal Cultural heritage and a sacred women's area Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Threatened Species Conservation Act 1995 Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Anglican Retirement Villages, Diocese of Sydney (Applicant) Wollongong City Council (First Respondent) Roy 'Dootch' Kennedy on behalf of the Sandon Point Aboriginal Tent Embassy (Second Respondent) Representation: J E Robson SC (Applicant) J Riley (solicitor) (First Respondent) F Berglander (Second Respondent) Norton Rose Australia (Applicant) Wollongong City Council Legal (First Respondent) Indigenous Justice Advocacy Network (Agent) (Second Respondent) File Number(s): 10982 of 2012