Artro Management Pty Ltd v Wollongong City Council [2019] NSWLEC 1436

Land and Environment Court New South Wales

Medium Neutral Citation: Artro Management Pty Ltd v Wollongong City Council [2019] NSWLEC 1436 Hearing dates: Conciliation conference on 22 May 2019; 4 July 2019 Date of orders: 13 September 2019 Decision date: 13 September 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans referred to in condition 1 of Annexure "A". (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the total amount of $15,000 payable within 28 days from the date of the Orders. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. DA-2017/1577 seeking consent for demolition of existing structures, construction of a mixed use development comprising 30 residential apartments, 2 LEP permitted retail premises / business premises, associated storage and car parking, the provision of utility services and stormwater drainage infrastructure, landscaping and earthworks on the land at 27 Flinders Street, Wollongong NSW, subject to the conditions of consent annexed hereto and marked "A." Catchwords: DEVELOPMENT APPLICATION – mixed use development - 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 No 55 – Remediation of Land Wollongong Local Environmental Plan 2009 Category: Principal judgment Parties: Artro Management Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) J Reilly (Solicitor) (Respondent)