Surewin Parkview Pty Ltd v Wollongong City Council [2024] NSWLEC 1578

Surewin Parkview Pty Ltd v Wollongong City Council [2024] NSWLEC 1578

The proposed development fails to demonstrate acceptable bushfire risk management under PBP, as the required asset protection zones are calculated using an incorrect vegetation classification—the evidence supports a mixed 'rainforest' and 'forest' formation requiring the greater hazard ('forest') to be used. The...

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Parties
Applicant: Surewin Parkview Pty Ltd; Respondent: Wollongong City Council
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Appeal / Judgment (class 1 Land and Environment Court, Appeal Under S 8.7(1) EPA Act Against Deemed Refusal of Da)
Outcome
Appeal dismissed. Development application refused.
Legal Topics
Development Applications, Bushfire Risk, Asset Protection Zones, Firefighting Appliance Access, Visual Impact, Aboriginal Cultural Heritage, Construction Amenity Impact, Multi Dwelling Housing, Environmental Planning, Site Width Requirements
Planning and Environment Law Development Applications Bushfire Risk Asset Protection Zones Firefighting Appliance Access Visual Impact Aboriginal Cultural Heritage Construction Amenity Impact +3 more

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Parties

Surewin Parkview Pty Ltd

Applicant

Wollongong City Council

Respondent

Procedural Posture

Appeal / Judgment (class 1 Land and Environment Court, Appeal Under S 8.7(1) EPA Act Against Deemed Refusal of Da)

Legal Issues

  1. 1 Whether the proposed development poses unacceptable bushfire risks due to insufficient asset protection zones (APZs) and appropriate classification of vegetation formation
  2. 2 Whether the development provides adequate access and facilities for urban firefighting appliances in light of site gradients and planning standards
  3. 3 Whether the proposal has unacceptable visual impacts on the Illawarra Escarpment, particularly Mt Keira

Ratio Decidendi

The proposed development fails to demonstrate acceptable bushfire risk management under PBP, as the required asset protection zones are calculated using an incorrect vegetation classification—the evidence supports a mixed 'rainforest' and 'forest' formation requiring the greater hazard ('forest') to be used. The development does not comply with prescriptive or performance-based requirements for firefighting appliance accessibility due to unacceptable carriageway gradients, inadequate road width, and lack of dual access. The visual impact on the Illawarra Escarpment and Mt Keira is unacceptable given the scale and intensity of the proposal, particularly as landscaping cannot sufficiently...

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • The appeal is dismissed.
  • Development Application DA-2022/469 for multi dwelling housing at Lot 90 DP 1086429, known as 14 Cosgrove Avenue Keiraville, is determined by refusal of consent to the application.