Derwent Property Pty Ltd v Wollongong City Council [2016] NSWLEC 1010

Land and Environment Court New South Wales

Medium Neutral Citation: Derwent Property Pty Ltd v Wollongong City Council [2016] NSWLEC 1010 Hearing dates: 1-2 December 2015 Date of orders: 12 January 2016 Decision date: 12 January 2016 Jurisdiction: Class 1 Before: Fakes C Decision: 1. Appeal upheld 2. Development Application DA-2013/1447 for the construction of multi housing development and associated works on Lot 2 DP 1187142 at 10 Derwent Avenue, Penrose, is approved subject to conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION: Multi-dwelling housing; acoustic amenity, communal open space, tree retention, site context and design Legislation Cited: Environmental Planning and Assessment Act 1979 Water Management Act 2000 State Environmental Planning Policy (Infrastructure) 2007 Wollongong Local Environmental Plan 2009 Category: Principal judgment Parties: Derwent Property Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Applicant: Mr I Hemmings SC (Barrister) Respondent Mr R O'Gorman-Hughes (Barrister)

Solicitors: Applicant: RMB Lawyers with Morton & Harris Respondent: Wollongong City Council File Number(s): 10437 of 2015

Judgment 1. COMMISSIONER: The applicant appeals Wollongong City Council's refusal of Development Application DA-2013/1447 for the construction of multi-dwelling housing and associated works on Lot 2 DP 1187142 at 10 Derwent Avenue, Penrose (the site). 2. The appeal is made pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act).