Protect Our Parks Incorporated v Wollongong City Council and Ors [2016] NSWLEC 99

Land and Environment Court New South Wales

Medium Neutral Citation: Protect Our Parks Incorporated v Wollongong City Council and Ors [2016] NSWLEC 99 Hearing dates: 20 and 21 June 2016 Decision date: 04 August 2016 Jurisdiction: Class 4 Before: Moore J Decision: See [139] to [142] Catchwords: JUDICIAL REVIEW – is the proposed development prohibited – correct characterisation of land where development proposed – correct characterisation of the proposed development – development not prohibited JUDICIAL REVIEW – failure to consider plan of management made under the Crown lands Act 1989 – was consideration of this plan a mandatory matter as part of the development assessment process – consideration of the plan not required JUDICIAL REVIEW – development requiring notification – was description of the proposed development in the Council's advertisement or notification letters compliant with the provisions of the Development Control Plan – description inadequate as failed to disclose demolition of existing buildings Legislation Cited: Crown Lands Act 1989 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Public Parks Act 1884 Public Parks Act 1912 Uniform Civil Procedure Rules 2005 Wollongong Development Control Plan 2009 Wollongong Local Environmental Plan 2009 Cases Cited: Chamwell Pty Limited v Strathfield Council [2007] NSWLEC 114; 151 LGERA 400 Gales Holdings Pty Limited v Minister for Infrastructure and Planning [2006] NSWCA 388 Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349; 81 NSWLR 638 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council [2003] NSWCA 289; 129 LGERA 195 Category: Principal judgment Parties: Protect Our Parks Incorporated (Applicant) Wollongong City Council (First Respondent) Martin Morris & Jones Pty Ltd (Second Respondent) Skydive the Beach and Beyond Sydney Wollongong Pty Ltd (Third Respondent) Representation: Counsel: Mr T Robertson SC/Ms J Walker, barrister (Applicant) Submitting appearance (First Respondent) Submitting appearance (Second Respondent) Mr R Lancaster SC, barrister (Third Respondent)