Fetherston v Wollongong City Council [2016] NSWLEC 1527

Land and Environment Court New South Wales

Medium Neutral Citation: Fetherston v Wollongong City Council [2016] NSWLEC 1527 Hearing dates: 2,18 August 2016, 5 23 September 2016, 7 October 2016 Date of orders: 09 November 2016 Decision date: 09 November 2016 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development consent is granted to Development Application No. DA2014/1065 for an attached dual occupancy development at Lot 22 DP 1163490 otherwise known as 4 Kallaroo Avenue, Stanwell Park, subject to the conditions set out in annexure "A". 3. There be no orders for costs. 4. The exhibits are returned with the exception of exhibits A and 101. Catchwords: DEVELOPMENT APPLICATION: construction of a dual occupancy development – council prepared to enter into consent orders – intervener granted leave to provide evidence and cross-examine on impact of coastal processes on flood risk and coastal erosion and inundation Legislation Cited: Environmental Planning and Assessment Act 1979 Wollongong Local Environmental Plan 2009 Category: Principal judgment Parties: Adrian Fetherston (Applicant) Wollongong City Council (Respondent) Michelle Carr (Intervener) Representation: Counsel: Ms A Pearman, barrister (Applicant) Mr J Reilly, solicitor (Respondent) Ms H Irish, barrister (Intervener)

Solicitors: Michael Mantei Planning Law Solutions (Applicant) Wollongong City Council (Respondent) Swaab Lawyers (Intervener) File Number(s): 2016/152821 Publication restriction: No