Warrawong Greene Developments Pty Ltd v Wollongong City Council [2024] NSWLEC 1675

Warrawong Greene Developments Pty Ltd v Wollongong City Council [2024] NSWLEC 1675

The appeal is upheld and consent granted as the written request justifies contravention of the height standard under cl 4.6 of the Wollongong Local Environmental Plan 2009, the public interest test and all other jurisdictional prerequisites are satisfied, and no State or regional planning issue arises from the variation.

Parties
Applicant: Warrawong Greene Developments Pty Ltd; Respondent: Wollongong City Council
Jurisdiction
Australia
Judgment Date
24 October 2024
Procedural Posture
Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; consent granted subject to conditions; costs thrown away to respondent as agreed or assessed.
Legal Topics
Development Application, Height Standard Variation, Zoning, State Environmental Planning Policy, Local Environmental Plan Compliance, Conciliation Conference
Planning and Environment Development Application Height Standard Variation Zoning State Environmental Planning Policy Local Environmental Plan Compliance Conciliation Conference

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Parties

Warrawong Greene Developments Pty Ltd

Applicant

Wollongong City Council

Respondent

Procedural Posture

Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for a seven storey mixed use development exceeding height standard
  2. 2 Whether written request under cl 4.6 of the Wollongong Local Environmental Plan 2009 justifies contravention of height standard
  3. 3 Whether proposal complies with other jurisdictional prerequisites of Wollongong LEP and applicable State Environmental Planning Policies

Ratio Decidendi

The appeal is upheld and consent granted as the written request justifies contravention of the height standard under cl 4.6 of the Wollongong Local Environmental Plan 2009, the public interest test and all other jurisdictional prerequisites are satisfied, and no State or regional planning issue arises from the variation.

Court Disposition

Appeal upheld; consent granted subject to conditions; costs thrown away to respondent as agreed or assessed.

Orders

  • The Applicant is to pay the Council's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.
  • The appeal is upheld.