132Cordeaux Pty Ltd v Wollongong City Council [2026] NSWLEC 1394
Before: Porter C · NSW Land and Environment Court
Summary
This appeal is about whether the proposed earthworks related to a residential subdivision has detrimental impacts to the ridgeline as it relates to Mount Kembla and the Illawarra Escarpment, and adverse impacts to Aboriginal heritage significance of place and objects. The Applicant, 132Cordeaux Pty Ltd (132 Cordeaux) has appealed pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against a refusal of DA-2023/769 by Wollongong City Council (Council) at 132 Sta
Catchwords
DEVELOPMENT APPEAL – subdivision – Aboriginal heritage – Illawarra escarpment – zone objectives
Outcome
The Court orders: (1) The appeal is upheld. (2) Development Consent is granted to Development Application No 2023/769 (as amended) for subdivision to create 43 residential lots plus one residue lot comprised of residential land and environmental lands including that subject to a Biobanking Agreement, construction of public and access roads, tree removal, associated infrastructure and earthworks, at 132 Staff Road and 64 Tamarind Drive, Cordeaux Heights subject to the conditions in Annexure A. (3) The exhibits are returned except 1, A and F.
Legislation cited
Biodiversity Conservation Act 2016 (NSW), ss 6.12, 7.2, 7.13 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.17, 8.7 Land and Environmental Court Act 1979 (NSW), s 39 National Parks and Wildlife Act 1974 (NSW), ss 84, 90 Protection of the Environment Operations Act 1997 (NSW), Sch 1 Roads Act 1993 (NSW), s 38B Rural Fires Act 1997 (NSW), s 100B Water Management Act 2000 (NSW), s 91 Environmental Planning and Assessment Regulation 2021 (NSW), ss 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 4.9 State Environmental Planning Policy (Planning Systems) 2021, Sch 6, s 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Wollongong Local Environmental Plan 2009, cll 2.3, 2.6, 4.1, 5.10, 7.1, 7.2, 7.4, 7.6, 7.8
Read the full judgment
Authoritative text on NSW Caselaw · ~64k words
Related decisions
Vaughan Floyd Property Pty Ltd v Wollongong City Council [2026] NSWLEC 1217
Wollongong City Council · 23 April 2026
Dapto Capital Pty Ltd v Wollongong City Council [2026] NSWLEC 1352
Wollongong City Council · 16 June 2026
Illawarra Hotel Company Pty Ltd v Wollongong City Council [2026] NSWLEC 1326
Wollongong City Council · 04 June 2026
Henry Fraser Pty Ltd v Northern Beaches Council [2026] NSWLEC 1382
Northern Beaches Council · 30 June 2026
Thiyagalingam v Inner West Council [2026] NSWLEC 1393
Inner West Council · 30 June 2026
Encore Australia Management Pty Ltd v Georges River Council [2026] NSWLEC 1396
Georges River Council · 30 June 2026