ADM Projects (Australia) Pty Ltd t/as ADM Architects v Wollongong City Council [2018] NSWLEC 1541

Land and Environment Court New South Wales

Medium Neutral Citation: ADM Projects (Australia) Pty Ltd t/as ADM Architects v Wollongong City Council [2018] NSWLEC 1541 Hearing dates: 20 September 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Jurisdiction: Class 1 Before: Dickson C Decision: By consent, the Court orders that:

(1) No order as to costs; (2) The request to vary the development standard in cl 8.6: "Building Separation within B3 Commercial Core" of the Wollongong Local Environmental Plan 2009 is upheld; (3) The appeal be upheld; (4) Development consent be granted to Development Application No. 2017/493 (as amended) for an eleven-storey commercial building, comprising ground floor retail uses and ten storeys of office space above, including three levels of basement parking on the lad at 95-109 Crown Street, Wollongong, subject to the conditions set out in Annexure A; (5) The exhibits are returned with the exception of Exhibits A, 3 and 4. Catchwords: DEVELOPMENT APPLICATION: partial demolition of existing building and the construction of new commercial building – consent orders – variation to Building Separation Standard – public objections Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 Wollongong Local Environmental Plan 2009 Cases Cited: Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446 Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Texts Cited: Practice Note Class 1 Development Appeals Wollongong Development Control Plan 2009 Category: Principal judgment Parties: ADM Projects (Australia) Pty Ltd t/as ADM Architects (Applicant) Wollongong City Council (Respondent) Representation: Counsel: A Pearman (Applicant)