Swinnerton v Wollongong City Council [2022] NSWLEC 1737

Swinnerton v Wollongong City Council [2022] NSWLEC 1737

The appeal is upheld and development consent granted upon finding that jurisdictional prerequisites under the relevant environmental planning instruments and legislation were met and that the parties' agreement was one the Court could make.

Parties
First Applicant: Mark Swinnerton; Second Applicant: Marnie Phillips; Respondent: Wollongong City Council
Jurisdiction
Australia
Judgment Date
29 December 2022
Procedural Posture
Development Appeal / Final Determination After Conciliation
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
Development Consent, Alterations and Additions, Inground Swimming Pool, Conciliation Conference
Planning and Environment Development Consent Alterations and Additions Inground Swimming Pool Conciliation Conference

Case Brief

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Parties

Mark Swinnerton

First Applicant

Marnie Phillips

Second Applicant

Wollongong City Council

Respondent

Procedural Posture

Development Appeal / Final Determination After Conciliation

Legal Issues

  1. 1 Whether the proposed development complies with jurisdictional prerequisites under relevant planning instruments
  2. 2 Whether to grant development consent to amended development application for alterations and additions and an inground swimming pool

Ratio Decidendi

The appeal is upheld and development consent granted upon finding that jurisdictional prerequisites under the relevant environmental planning instruments and legislation were met and that the parties' agreement was one the Court could make.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application No. 2021/796, as amended, for alterations and additions to an existing dwelling house and installation of an inground swimming pool, subject to conditions of consent annexed as 'Annexure A'.