Hughes v Wollongong City Council

Land and Environment Court New South Wales Medium Neutral Citation: Hughes v Wollongong City Council [2016] NSWLEC 1042 Hearing dates:9 February 2016Date of orders: 09 February 2016 Decision date: 09 February 2016 Jurisdiction:Class 1Before: Fakes C Decision: Appeal upheld – see [46] Catchwords: CONSENT ORDERS: Multi-dwelling housing; stormwater; flooding; landscaping and tree retention Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Wollongong Local Environmental Plan 2009 Category:Principal judgmentParties: Steven Hughes (Applicant) Wollongong City Council (Respondent) Representation: Applicant: Mr K Webber (Solicitor) Respondent: Mr J Reilly (Solicitor)   Solicitors: Applicant: Wiltshire Webb Staunton Beattie Lawyers Respondent: Wollongong City Council File Number(s):10649 of 2015Judgment COMMISSIONER: In October 2014 the applicant lodged development application DA 2014/1329 for the demolition of an existing dwelling and the construction of five town houses, and associated works, on Lot 16 DP 29745, otherwise known as 50 Squires Crescent, Coledale (the site). In May 2015 Wollongong City Council refused the Development Application. The applicant appeals the council’s decision pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act). The site and relevant background The site is on the southern side of Squires Crescent and has an irregular shape with an area of 1408m2. The land slopes from the street to a culvert and then rises relatively steeply to the rear of the site. There is a two storey dwelling located towards the rear, which is accessed from a bitumen driveway on the western side of the site; a portion...