Pratt v Wollongong City Council [2019] NSWLEC 1258

Pratt v Wollongong City Council [2019] NSWLEC 1258

The appeal was upheld and development consent granted because the amended application satisfied the requirements for affordable rental housing in the R2 zone, complied with relevant planning instruments and building standards, addressed all prior Council contentions, and met the preconditions for consent under the ARH SEPP, LEP, BCA, DCP, and BASIX. The Court was satisfied that the agreement reached at conciliation was one the Court could properly make under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
11 June 2019
Procedural Posture
Appeal / Final Judgment After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'affordable Housing' 'secondary Dwelling' 'compliance' 'fire Safety' 'conciliation Conference']
['planning and Environment Law'] ['development Application' 'affordable Housing' 'secondary Dwelling' 'compliance' 'fire Safety' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal / Final Judgment After Conciliation Conference

Legal Issues

  1. 1 ['Whether the development application for conversion of a shed to a secondary dwelling should be approved as affordable housing under State Environmental Planning Policy (Affordable Rental Housing) 2009' 'Compliance with Building Code of Australia' 'Compliance with Wollongong Development Control Plan 2009' 'Compliance with Wollongong Local Environmental Plan 2009' 'Fire safety and separation' 'Floor area compliance' 'Private open space provision' 'Contamination and remediation requirements' 'Compliance with BASIX requirements']

Ratio Decidendi

The appeal was upheld and development consent granted because the amended application satisfied the requirements for affordable rental housing in the R2 zone, complied with relevant planning instruments and building standards, addressed all prior Council contentions, and met the preconditions for consent under the ARH SEPP, LEP, BCA, DCP, and BASIX. The Court was satisfied that the agreement reached at conciliation was one the Court could properly make under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['The appeal is upheld.' "DA-2018/247 for the conversion of an existing shed to a secondary dwelling at Lot 91 DP 10422 otherwise known as 77 Dobbie Avenue, East Corrimal, is determined by the grant of consent, subject to the conditions at Annexure 'A'."]