Alam v Wollongong City Council [2016] NSWLEC 1250

Land and Environment Court New South Wales

Medium Neutral Citation: Alam v Wollongong City Council [2016] NSWLEC 1250 Hearing dates: 17, 18 November 2015; 9, 10, 11 February 2016; conditions 14 March 2016 Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction: Class 1 Before: Pearson C Decision: 1. The appeal is dismissed. 2. The amended development application DA 2014/1198 for an animal boarding establishment at 125 Princes Highway Helensburgh is refused. 3. The exhibits are returned except for exhibits 1, 21 and A. 4.Pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979 the applicant is to pay those costs of the consent authority that are thrown away as a result of the amendment of the application for which leave was granted on 9 February 2016, as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION: Animal boarding establishment - Amendment of local environmental plan – Development now prohibited – Land identified as Natural resource sensitivity - Endangered ecological community – Eastern Pygmy Possum – Bushfire prone land – Asset Protection Zone Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rural Fires Act 1997 Threatened Species Conservation Act 1995 State Environmental Planning Policy No 55- Contamination of Land Wollongong Local Environmental Plan 2009 Wollongong Local Environmental Plan 2009 (Amendment 19) Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Davis v Gosford City Council [2014] NSWCA 343 Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Category: Principal judgment Parties: Radwan Alam (Applicant) Wollongong City Council (Respondent) Representation: Counsel: Mr P Clay SC with Ms J Reid (Applicant) Mr M Staunton (Respondent)