NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Redson Group Pty Ltd t/a Progenia v Wollongong City Council [2018] NSWLEC 1627 Hearing dates: 9 October 2018 Date of orders: 06 December 2018 Decision date: 06 December 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: (1) The appeal is dismissed; (2) Development Application No. DA 2017/265 for construction of a two-storey dwelling, including tree removal and landscaping, is determined by refusal. (3) The exhibits are returned, with the exception of Exhibits A and 6. Catchwords: DEVELOPMENT APPLICATION: calculation of site area and FSR – whether proposed tree removal, retention and compensatory plantings are consistent with provisions of Wollongong DCP Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Wollongong Local Environment Plan 2009 Cases Cited: Goldberg v Waverley Council [2017] NSWLEC 1613 MacDonald v Mosman Municipal Council [1999] NSWLEC 215 Texts Cited: Wollongong Development Control Plan 2012 Category: Principal judgment Parties: Redson Group Pty Ltd t/a Progenia (Applicant) Wollongong City Council (Respondent) Representation: Counsel: S Nash (Applicant)
Solicitors: PDC Lawyers (Applicant) J Reilly (Respondent) File Number(s): 2018/95431 Publication restriction: No
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