Switaj v Wollongong City Council [2019] NSWLEC 1334

Land and Environment Court New South Wales

Medium Neutral Citation: Switaj v Wollongong City Council [2019] NSWLEC 1334 Hearing dates: Conciliation conference on 12 July 2019 Date of orders: 16 July 2019 Decision date: 16 July 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant is granted leave to rely on the following amended plans prepared by T & C Design Consultants: (a) Drawing No. 00/11, dated 8 April 2019; (b) Drawing No. 01/11, Revision 6, dated 8 April 2019; (c) Drawing No. 1A/11, Revision 9, dated 8 April 2019; (d) Drawing No. 1B/11, dated 8 April 2019; (e) Drawing No. 1C/11, Revision 1, dated 23 February 2019; (f) Drawing No. 1D/11, dated 2 April 2019; (g) Drawing No. 02/11, Revision 8, dated 8 April 2019; (h) Drawing No. 03/11, Revision 7, dated 8 April 2019; (i) Drawing No. 04/11, Revision 7, dated 8 April 2019; (j) Drawing No. 4A/11, Revision 5, dated 8 April 2019; (k) Drawing No. 05/11, Revision 6, dated 8 April 2019; (l) Drawing No. 06/11, Revision 4, dated 29 March 2019; (m) Drawing No. 07/11, Revision 2, dated May 2018; (n) Drawing No. 08/11, Revision 3, dated 8 April 2019; (o) Drawing No. 09/11, Revision 1, dated February 2018; (p) Drawing No. 10/11, dated November 2017; and (q) Drawing No. 11/11, dated November 2017. (2) The Applicant is granted leave to rely on the following amended stormwater plans prepared by Footprint Sustainable Engineering: (a) Drawing No. 1714-C01, Revision 6, dated 10 April 2019; (b) Drawing No. 1714-C02, Revision 6, dated 10 April 2019; and (c) Drawing No. 1714-C03, Revision 6, dated 10 April 2019. (3) The appeal is upheld. (4) DA-2017/1719 for the construction of a residential dwelling house and two swimming pools and spa at 1A Norman Street, Mangerton NSW 2500 is determined by the grant of development consent, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – Residential dwelling – amended design – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Wollongong Local Environmental Plan 2009 Category: Principal judgment Parties: Ted Michael Switaj (Applicant) Wollongong City Council (Respondent) Representation: Solicitors: C Ters, Hones Lawyers (Applicant) J Reilly, Wollongong City Council (Respondent) File Number(s): 2018/359246 Publication restriction: No