Derwent Property Pty Ltd v Wollongong City Council

Land and Environment Court New South Wales Medium Neutral Citation: Derwent Property Pty Ltd v Wollongong City Council [2016] NSWLEC 1010 Hearing dates:1-2 December 2015Date of orders: 12 January 2016 Decision date: 12 January 2016 Jurisdiction:Class 1Before: Fakes C Decision: 1. Appeal upheld2. Development Application DA-2013/1447 for the construction of multi housing development and associated works on Lot 2 DP 1187142 at 10 Derwent Avenue, Penrose, is approved subject to conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION: Multi-dwelling housing; acoustic amenity, communal open space, tree retention, site context and design Legislation Cited: Environmental Planning and Assessment Act 1979 Water Management Act 2000 State Environmental Planning Policy (Infrastructure) 2007 Wollongong Local Environmental Plan 2009 Category:Principal judgmentParties: Derwent Property Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Applicant: Mr I Hemmings SC (Barrister) Respondent Mr R O’Gorman-Hughes (Barrister) Solicitors: Applicant: RMB Lawyers with Morton & Harris Respondent: Wollongong City Council File Number(s):10437 of 2015Judgment COMMISSIONER: The applicant appeals Wollongong City Council’s refusal of Development Application DA-2013/1447 for the construction of multi-dwelling housing and associated works on Lot 2 DP 1187142 at 10 Derwent Avenue, Penrose (the site). The appeal is made pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act). The proposal and relevant backgroundRelevant background The development application was initially lodged with council in November 2013. Following submissions, assessment and consultation, the plans were amended in March 2014. These were renotified. After further requests for information, the plans were amended again and further information...