Mata Mati Pty Limited v Wollongong City Council [2021] NSWLEC 1342

Mata Mati Pty Limited v Wollongong City Council [2021] NSWLEC 1342

The appeal is upheld and development consent granted because the amended application, supporting expert evidence, and agreed conditions satisfactorily address all statutory, planning, and merit requirements, resolving prior contentions and objections with appropriate mitigation for flood risk, stormwater,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 June 2021
Procedural Posture
Class 1 Development Appeal / Post Hearing, Decision on Appeal Against Refusal of Development Application
Outcome
Appeal upheld; development consent granted subject to conditions; each party to pay own costs.
Legal Topics
['development Application' 'earthworks' 'flood Risk' 'vegetation Management' 'site Consolidation' 'foreshore Building Line' 'consent Orders']
['planning and Environment Law'] ['development Application' 'earthworks' 'flood Risk' 'vegetation Management' 'site Consolidation' 'foreshore Building Line' 'consent Orders']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal / Post Hearing, Decision on Appeal Against Refusal of Development Application

Legal Issues

  1. 1 ['Whether the amended development application for building envelope establishment, land consolidation and creek restoration satisfies legislative and planning controls, especially regarding flood risk, stormwater management, vegetation impacts, lot consolidation, and public access']

Ratio Decidendi

The appeal is upheld and development consent granted because the amended application, supporting expert evidence, and agreed conditions satisfactorily address all statutory, planning, and merit requirements, resolving prior contentions and objections with appropriate mitigation for flood risk, stormwater, vegetation, and consolidation without adverse impacts or jurisdictional impediments.

Court Disposition

Appeal upheld; development consent granted subject to conditions; each party to pay own costs.

Orders

  • ['The appeal is upheld.' 'Development Application DA-2018/936/A for establishment of a building envelope, consolidation of land and creek restoration works at 415 Lawrence Hargrave Drive, Thirroul (Lot 41 DP1230457 and Lot 3 DP166257) and on Lots 1 and 3 in DP1083143, is approved subject to the conditions in...