De Clouett v Wollongong City Council

Land and Environment Court New South Wales Medium Neutral Citation: De Clouett v Wollongong City Council [2016] NSWLEC 1041 Hearing dates:28 January 2016Date of orders: 10 February 2016 Decision date: 10 February 2016 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: subdivision, new dwelling house, impact on amenity and character Legislation Cited: Wollongong Local Environmental Plan 2009; State Environmental Planning Policy No 55 - Remediation of Land; State Environmental Planning Policy No 71 - Coastal Protection; State Environmental Planning Policy (Building Sustainability Index BASIX); Texts Cited: Wollongong Development Control Plan 2009 Category:Principal judgmentParties: Christian De Clouett Melissa De Clouett (Applicants)   Wollongong City Council(Respondent) Representation: Counsel: Mr I Hemmings SC (Applicants)   Solicitors: Mr P Rosier Rosier Partners (Applicant) Mr J Reilly Wollongong City Council (Respondent) File Number(s):10798 of 2015Judgment This is an appeal against the actual refusal by Wollongong City Council of Development Application DA – 2014/2454 proposing subdivision and the construction of a new dwelling house in two phases, phase 1 involving minor demolition, geotechnical remediation works and a two lot Torrens Title subdivision and phase 2 involving the construction of a new dwelling house at No 2 Broadridge Street Wombarra. The issues between the parties have been resolved and they are seeking consent orders from the Court. The site and its context The legal description of the site is Lot 4 in DP 1094807, otherwise known as 2 Broadridge Street, Wombarra. The site is located on the northern side of the street to the west of its...