Pallone v Wollongong City Council [2024] NSWLEC 1711

Pallone v Wollongong City Council [2024] NSWLEC 1711

The appeal is upheld on the basis that all relevant statutory prerequisites for granting development consent have been satisfied, the proposal is permissible with consent in the zone, addresses heritage, flooding, environmental and coastal issues appropriately, and the parties' agreement is a decision the Court could properly have made.

Parties
Applicant: Umberto Pallone; Respondent: Wollongong City Council
Jurisdiction
Australia
Judgment Date
06 November 2024
Procedural Posture
Class 1 Appeal Development Application / Final Orders After Conciliation Conference Under S 34 AA LEC Act
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Dual Occupancy, Heritage, Flooding, Tree/vegetation Removal, Coastal Management, Acid Sulfate Soils, Merits Appeal
Planning and Environment Administrative Law Development Application Dual Occupancy Heritage Flooding Tree/vegetation Removal Coastal Management +2 more

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Parties

Umberto Pallone

Applicant

Wollongong City Council

Respondent

Procedural Posture

Class 1 Appeal Development Application / Final Orders After Conciliation Conference Under S 34 AA LEC Act

Legal Issues

  1. 1 Whether development consent should be granted for demolition and dual occupancy at 3 Harbour Street, Wollongong
  2. 2 Whether jurisdictional prerequisites under relevant planning instruments are satisfied

Ratio Decidendi

The appeal is upheld on the basis that all relevant statutory prerequisites for granting development consent have been satisfied, the proposal is permissible with consent in the zone, addresses heritage, flooding, environmental and coastal issues appropriately, and the parties' agreement is a decision the Court could properly have made.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development Application DA-2023/360 for demolition and construction of a dual occupancy is determined by the grant of consent subject to conditions contained in Annexure 'A'.