Quill Holdings Pty Ltd v Wollongong City Council [2020] NSWLEC 1103

Land and Environment Court New South Wales

Medium Neutral Citation: Quill Holdings Pty Ltd v Wollongong City Council [2020] NSWLEC 1103 Hearing dates: Conciliation conference on 14 February 2020 Date of orders: 06 March 2020 Decision date: 06 March 2020 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders that: (1) The Applicant is granted leave to amend its Class 1 Application filed with the Court on 11 December 2018, by replacing the 'Application for Development' dated 19 October 2018 with the amended 'Application for Development' dated 16 January 2020 (to refer to stratum subdivision and the new legal description of the subject land following registration of a plan of redefinition as registered on 31 December 2019). A copy of the Applicant's amended Application for Development is provided at Annexure "A". (2) The Applicant is granted leave to rely on the amended plans referred to in condition 1 of Annexure "B". (3) 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 (NSW), as agreed or assessed. (4) The clause 4.6 variation request dated 9 December 2019 prepared by Cardno, to vary the height standard provided in clause 4.3 of Wollongong LEP 2009, is upheld. (5) The appeal is upheld. (6) Development consent is granted to Development Application No. 2018/1316, seeking consent for the demolition of existing structures, stratum subdivision and construction of a new residential flat building with 13 residential apartments and 2 levels of basement on the land legally identified as Lot 4 in DP 1259855 at 2 Blacket Street, North Wollongong NSW subject to the conditions of consent annexed hereto and marked "B". Catchwords: DEVELOPMENT APPLICATION – residential flat building – 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 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Wollongong Local Environmental Plan 2009 Texts Cited: Apartment Design Guide Wollongong Development Control Plan 2009 Category: Principal judgment Parties: Quill Holdings Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: S Kaoutarani (Solicitor) (Applicant) J Reilly (Solicitor) (Respondent)