Sarm Architects Pty Limited v Wollongong City Council [2015] NSWLEC 1101

Land and Environment Court New South Wales

Medium Neutral Citation: Sarm Architects Pty Limited v Wollongong City Council [2015] NSWLEC 1101 Hearing dates: 30 March 2015 Decision date: 21 April 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: dwelling house, development standard for floor space ratio exceeded Legislation Cited: Land and Environment Court Act 1979; Wollongong Local Environmental Plan 2009; State Environmental Planning Policy No 55 – Remediation of Land; State Environmental Planning Policy No 71 – Coastal Policy; State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004; Environmental Planning and Assessment Act 1979 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827; Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Sarm Architects Pty Limited (Applicant)

Wollongong City Council (Respondent) Representation: Solicitors: Mr J McKee, McKees Legal Solutions (Applicant) Mr J Reilly, Wollongong City Council File Number(s): 11073 of 2014

Judgment 1. Sarm Architects Pty Limited lodged Development Application DA-2014/787 with Wollongong City Council on 10 July 2014 seeking consent to construct a two storey dwelling house and swimming pool at 8 Lighthorse Drive, Woonona. Council refused consent on 24 September 2014 and Sarm is appealing that decision. 2. The main issues in the case are that the dwelling house exceeds the maximum Floor space ratio (FSR) and is inconsistent with a number of the council's planning controls.