Kingdom Developments 5 Pty Ltd v Wollongong City Council [2022] NSWLEC 1654

Kingdom Developments 5 Pty Ltd v Wollongong City Council [2022] NSWLEC 1654

The amended development application is granted consent because it meets the objectives of the building separation standard, adequately addresses flood risk and flood planning, exhibits design excellence pursuant to relevant planning controls, manages stormwater, contamination, and acoustic requirements through adopted measures and conditions. Any non-compliance is justified given site circumstances, amendments, and expert evidence.

Jurisdiction
Australia
Judgment Date
29 November 2022
Procedural Posture
Class 1 Appeal / Final Judgment; Appeal Determination
Outcome
Appeal upheld; development application approved with conditions.
Legal Topics
['development Application' 'building Separation Standards' 'flood Risk' 'design Excellence' 'stormwater Management' 'acoustics' 'contamination' 'basix Compliance']
['planning and Environment' 'administrative Law'] ['development Application' 'building Separation Standards' 'flood Risk' 'design Excellence' 'stormwater Management' 'acoustics' 'contamination' 'basix Compliance']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Judgment; Appeal Determination

Legal Issues

  1. 1 ['Whether the amended development application for demolition and construction of a mixed use development should be approved' 'Compliance with building separation standards under Wollongong Local Environmental Plan 2009' 'Flood planning and risk management requirements' 'Design excellence in Wollongong city centre' 'Stormwater management' 'Acoustic requirements' 'Contamination and earthworks' 'Compliance with BASIX requirements']

Ratio Decidendi

The amended development application is granted consent because it meets the objectives of the building separation standard, adequately addresses flood risk and flood planning, exhibits design excellence pursuant to relevant planning controls, manages stormwater, contamination, and acoustic requirements through adopted measures and conditions. Any non-compliance is justified given site circumstances, amendments, and expert evidence.

Court Disposition

Appeal upheld; development application approved with conditions.

Orders

  • ['Court agrees to amendment of development application DA-2021/890 per amended plans/documents.' "Applicant to pay respondent's costs thrown away as a result of amendments." 'Appeal upheld.' 'Development application DA-2021/890 determined by grant of consent, subject to conditions at Annexure A.' 'All Exhibits are...