Dapto Capital Pty Ltd v Wollongong City Council [2026] NSWLEC 1352
Before: Kullen AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of development application No DA-2025/50 (the DA) for the demolition of existing dwellings and ancillary structures, tree removal and the construction of a child care centre with basement car parking on land at 21-23 Werowi Street, Dapto, NSW, 2530, legally known as Lots 1 and 2 in Section 56 in Deposited Plan 3436 (the site). The DA was lodged with the Respondent
Catchwords
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — centre based child care facility — orders
Outcome
The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the agreed amount of $2,160, and such amount is to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) Development Application DA-2025/50 as amended, for the demolition of existing dwellings and ancillary structures, tree removal and the construction of a childcare centre with basement car parking on land legally described as Lots 1 and 2 Sec 56 DP 3436, known as 21-23 Werowi Street, Dapto, NSW, 2530, Lot 87 DP 32081 otherwise known as Lot 87 Baringa Place, Dapto, NSW, 2530 and Lot 8 DP 32081 otherwise known as 39 Barellan Avenue, Dapto, NSW, 2530, is determined by the grant of development consent subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 8.7, 8.15, Sch 1, Div 2, cl 7 Land and Environment Court Act 1979 (NSW), s 34 Education and Care Services National Regulations (NSW) Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4, ss 4.4, 4.8, 4.9 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, s 3.6, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.26 Wollongong Local Environmental Plan, 2009, cll 2.2, 2.3, 2.7, 4.3, 4.4, 5.10, 5.21, 7.1, 7.5, 7.6
Read the full judgment
Authoritative text on NSW Caselaw · ~21k words
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