Presrod Pty Limited v Wollongong City Council [2010] NSWLEC 1257

Presrod Pty Limited v Wollongong City Council [2010] NSWLEC 1257

The application must be determined under LEP 2007 and, while LEP 2009 is relevant and imminent, it should not be given determinative weight. The proposed hotel accommodation use neither undermines the objectives nor the character of the R1 zone, and potential impacts (car parking, right-of-carriageway, noise, tree...

Source-derived case information.

Parties
Applicant: Presrod Pty Limited; Respondent: Wollongong City Council
Jurisdiction
Australia
Judgment Date
30 July 2010
Procedural Posture
Development Appeal / Judgment After Hearing (ex Tempore)
Outcome
Appeal upheld; Development Application approved with conditions; No order for costs under s 97B
Legal Topics
Development Application, Hotel Accommodation, Planning Instruments, Savings Provisions, Car Parking, Right of Carriageway, Resident Concerns, Noise, Tree Protection, Costs on Amendments
Planning and Environment Law Development Application Hotel Accommodation Planning Instruments Savings Provisions Car Parking Right of Carriageway Resident Concerns +3 more

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Parties

Presrod Pty Limited

Applicant

Wollongong City Council

Respondent

Procedural Posture

Development Appeal / Judgment After Hearing (ex Tempore)

Legal Issues

  1. 1 Whether the proposed use of the existing serviced apartment building for hotel accommodation is permissible and ought to be approved under the applicable planning instruments
  2. 2 What weight should be given to Wollongong LEP 2009 versus the prior LEP 2007 due to savings provisions
  3. 3 Whether the impacts of the right-of-carriageway and local resident concerns warrant refusal

Ratio Decidendi

The application must be determined under LEP 2007 and, while LEP 2009 is relevant and imminent, it should not be given determinative weight. The proposed hotel accommodation use neither undermines the objectives nor the character of the R1 zone, and potential impacts (car parking, right-of-carriageway, noise, tree loss) are manageable or unsubstantiated. The amendments made to the application are minor and do not warrant a costs order.

Court Disposition

Appeal upheld; Development Application approved with conditions; No order for costs under s 97B

Orders

  • The appeal is upheld.
  • Development Application No 2009/867 is approved subject to conditions in Annexure A.