Taranto v Wollongong City Council [2013] NSWLEC 1256

Land and Environment Court New South Wales

Medium Neutral Citation: Taranto v Wollongong City Council [2013] NSWLEC 1256 Hearing dates: 3 December 2013 Decision date: 19 December 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Consent Orders: Development application; residential flat building, height, bulk and scale, isolated allotment Legislation Cited: State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development; Wollongong Local Environmental Plan 2009; Environmental Planning and Assessment Act 1979 Texts Cited: Wollongong Development Control Plan 2009; Residential Flat Design Code Category: Principal judgment Parties: Vanessa Anne Taranto (Applicant)

Wollongong City Council (Respondent) Representation: Mr P Moggach RMB Lawyers (Applicant)

Mr G Reilly Wollongong City Council (Respondent) File Number(s): 10481 of 2013

Judgment 1Development application DA-2012/1471 was lodged with Wollongong City Council on 21 December 2012 seeking consent to demolish an existing dwelling house and construct a residential flat building comprising two towers over basement parking at 18 Kembla Street, North Wollongong. The council refused consent and Mrs Taranto is appealing that decision. 2The matter commenced as a s34 conciliation conference and, despite agreement being reached to plans for a development of reduced scale in that forum, the council officers were not delegated to enter into an agreement. The conference was terminated and a hearing held with the parties seeking Consent Orders from the Court.