Ensile Pty Ltd v Wollongong City Council [2014] NSWLEC 1264

Land and Environment Court New South Wales

Medium Neutral Citation: Ensile Pty Ltd v Wollongong City Council [2014] NSWLEC 1264 Hearing dates: 22 December 2014 Decision date: 22 December 2014 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld Catchwords: CONSENT ORDERS; subdivision; environmentally sensitive land Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Conveyancing Act 1919 Wollongong Local Environmental Plan 2009 Category: Principal judgment Parties: Ensile Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Applicant: Mr T Robertson SC (Barrister) Respondent: Mr J Reilly (Solicitor) Applicant: Burrell Solicitors Respondent: Wollongong City Council File Number(s): 10295 of 2014

Judgment 1COMMISSIONER: The applicant appeals Wollongong City Council's refusal of Development Application DA-2012-121480 for the consolidation of 123 allotments and re-subdivision into 8 lots with associated subdivision works including road works, and provision of utility services and drainage. 2The appeal is made under s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act). 3The matter commenced as a conciliation conference under s 34 of the Land and Environment Court Act 1979 (the Court Act). The conciliation was adjourned and during that time the parties resolved the matter and now ask the Court to grant consent orders upholding the appeal. Pursuant to s 34(4)(b), the conciliation conference was terminated and the matter proceeded to a hearing. 4The applicant was granted leave to rely on amended plans. As the amendments are more than minor, in accordance with s 97B(2) of the EPA Act, the Court ordered the applicant to pay the council's costs in the agreed sum of $5,500.00 within 28 days. 5The amended plans reduce the number of allotments to be consolidated by 19. The proposal now seeks seven new allotments, four dwelling sites, modifications to the access roads and the provision of drainage and utility services.