Guido Developments Pty Ltd v Wollongong City Council [2019] NSWLEC 1641

Land and Environment Court New South Wales

Medium Neutral Citation: Guido Developments Pty Ltd v Wollongong City Council [2019] NSWLEC 1641 Hearing dates: Conciliation conference on 10 December 2019 Date of orders: 24 December 2019 Decision date: 24 December 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely on 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 $4,580.00 payable within 28 days of this agreement. (3) The appeal is upheld. (4) Development Consent is granted to Development Application No. 2018/177 seeking consent for demolition of the existing dwelling and construction of 5 unit multi-dwelling housing with 5 lot strata subdivision on Lot 21 DP 26939 otherwise known as 14 Guest Avenue Fairy Meadow, subject to the conditions of consent annexed hereto and marked 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Water Management Act 2000 Wollongong Local Environmental Plan 2009 Cases Cited: Betohuwisa Investments Pty Ltd v Kiama Municipal Council (2010) 177 LGERA 312 Texts Cited: Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Guido Developments Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: N Hammond (Applicant) J Reilly (Solicitor) (Respondent)