Redson Group Pty Ltd t/a Progenia v Wollongong City Council [2018] NSWLEC 1627

Redson Group Pty Ltd t/a Progenia v Wollongong City Council [2018] NSWLEC 1627

The proposed development, while compliant with FSR provisions when including land burdened by the s88B restriction, does not comply with Wollongong Development Control Plan objectives and controls for site-responsive design and significant tree retention. The compensatory plantings do not satisfy DCP objectives or...

Source-derived case information.

Parties
Applicant: Redson Group Pty Ltd t/a Progenia; Respondent: Wollongong City Council
Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Development Appeal (class 1) / Final Judgment After Hearing
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Applications, Tree Removal, Floor Space Ratio, Local Environmental Plans, Development Control Plans, Site Area Calculation, Restrictions on Use of Land
Planning and Environment Law Development Applications Tree Removal Floor Space Ratio Local Environmental Plans Development Control Plans Site Area Calculation Restrictions on Use of Land

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Parties

Redson Group Pty Ltd t/a Progenia

Applicant

Wollongong City Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed development complies with the floor space ratio provisions of the Wollongong Local Environmental Plan 2009
  2. 2 Whether the Applicant's proposed tree removal should be approved in light of the Wollongong Development Control Plan and the restriction-as-to-use instrument
  3. 3 Whether compensatory plantings are an acceptable alternative to the retention of significant remnant trees

Ratio Decidendi

The proposed development, while compliant with FSR provisions when including land burdened by the s88B restriction, does not comply with Wollongong Development Control Plan objectives and controls for site-responsive design and significant tree retention. The compensatory plantings do not satisfy DCP objectives or adequately offset loss of remnant vegetation, so the development is not in the public interest and consent must be refused.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development Application No. DA2017/265 for construction of a two-storey dwelling, including tree removal and landscaping, is determined by refusal.