McDonagh Developments Pty Ltd v Wollongong City Council [2022] NSWLEC 1239

McDonagh Developments Pty Ltd v Wollongong City Council [2022] NSWLEC 1239

Given that all statutory and planning requirements were satisfied and the parties reached an agreement capable of being made by the Court, the development application is approved subject to annexed conditions.

Jurisdiction
Australia
Judgment Date
06 May 2022
Procedural Posture
Class 1 Appeal / Determination Following Conciliation Conference Under S 34 Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'multi Dwelling Housing' 'integrated Development' 'flood Planning' 'stormwater Drainage' 'basix Certification']
['environmental Law' 'planning Law'] ['development Application' 'multi Dwelling Housing' 'integrated Development' 'flood Planning' 'stormwater Drainage' 'basix Certification']

Case Brief

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Procedural Posture

Class 1 Appeal / Determination Following Conciliation Conference Under S 34 Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the development application should be approved subject to amended plans and conditions' 'Whether statutory and planning requirements, including for flood risk, drainage, public utilities, and integrated development, are satisfied']

Ratio Decidendi

Given that all statutory and planning requirements were satisfied and the parties reached an agreement capable of being made by the Court, the development application is approved subject to annexed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application DA 2021/1053 for demolition of existing structures and tree removals, construction of a multi housing development comprising 9 x 3 bedroom dwellings and strata subdivision on land described as 3-5 James Road, Corrimal, together with drainage works to dispose of...