De Clouett v Wollongong City Council [2016] NSWLEC 1041

Land and Environment Court New South Wales

Medium Neutral Citation: De Clouett v Wollongong City Council [2016] NSWLEC 1041 Hearing dates: 28 January 2016 Date of orders: 10 February 2016 Decision date: 10 February 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: subdivision, new dwelling house, impact on amenity and character Legislation Cited: Wollongong Local Environmental Plan 2009; State Environmental Planning Policy No 55 - Remediation of Land; State Environmental Planning Policy No 71 - Coastal Protection; State Environmental Planning Policy (Building Sustainability Index BASIX); Texts Cited: Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Christian De Clouett Melissa De Clouett (Applicants)

Wollongong City Council(Respondent) Representation: Counsel: Mr I Hemmings SC (Applicants)

Solicitors: Mr P Rosier Rosier Partners (Applicant) Mr J Reilly Wollongong City Council (Respondent) File Number(s): 10798 of 2015

Judgment 1. This is an appeal against the actual refusal by Wollongong City Council of Development Application DA – 2014/2454 proposing subdivision and the construction of a new dwelling house in two phases, phase 1 involving minor demolition, geotechnical remediation works and a two lot Torrens Title subdivision and phase 2 involving the construction of a new dwelling house at No 2 Broadridge Street Wombarra. 2. The issues between the parties have been resolved and they are seeking consent orders from the Court.