Segco Pty Ltd ATF The GNS Trust v Wollongong City Council [2026] NSWLEC 1576
Before: Gray C · NSW Land and Environment Court
Summary
This appeal concerns a development application for the consolidation and subdivision of land at 354-364 Lawrence Hargrave Drive, Clifton, into two Torrens title lots, together with the construction of multi dwelling housing on one of the proposed lots, and a dwelling house and swimming pool on the other proposed lot. Strata subdivision of the multi dwelling housing component is also proposed. A development application was lodged with the Council on 3 February 2025.
Catchwords
APPEAL – development application – subdivision of land into two Torrens title lots – multi dwelling housing proposed on one lot – dwelling on one lot – conciliation conference – agreement reached – orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application DA-2025/47 for demolition works, lot consolidation and 2 lot Torrens title subdivision, then, construction of multi dwelling housing consisting of 5 dwellings on proposed lot 2, and a dwelling house and swimming pool on proposed lot 1 and Strata subdivision of the multi dwelling housing component, construction of a retaining wall in the road reserve and installation of seven on-site sewage management systems at 354-364 Lawrence Hargrave Drive, Clifton, is determined by grant of consent subject to the conditions contained in Annexure A. (3) The Court, exercising its functions of the consent authority under s 39(2) of Land and Environment Court 1979 (NSW) and ss 4.12 and 8.14(1) of the Environment Planning and Assessment Act 1979 (NSW) grants approval pursuant to s 68 of the Local Government Act 1993 (NSW) for the installation of an onsite wastewater management system as described in the amended Development Application at proposed lot 1 (Dwelling House) of 354-364 Lawrence Hargrave Drive, Clifton. (4) The Court, exercising its functions of the consent authority under s 39(2) of Land and Environment Court 1979 (NSW) and ss 4.12 and 8.14(1) of the Environment Planning and Assessment Act 1979 (NSW) grants approval pursuant to s 68 of the Local Government Act 1993 (NSW) for the installation of six onsite wastewater management systems as described in the amended Development Application at proposed lot 2 (Multi Dwelling Housing) of 354-364 Lawrence Hargrave Drive, Clifton. (5) Pursuant to s 8.15(3) of the Environment Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of the Applicant being given leave to file the amended DA-2025/47 referred to in [35] which, together with the costs orders made on 19 May 2026, and on 24 July 2026, are agreed in the amount of $66,000, with $33,000 being payable within 30 days of the date of this order, and the balance paid within 60 days of the date of this order.
Legislation cited
Biodiversity Conservation Act 2016 (NSW), ss 6.12, 7.7, 7.13 Environmental Planning and Assessment Act 1979 (NSW), ss 4.10, 4.12, 4.15, 4.16, 4.46, 4.17, 7.4, 7.5, 7.7, 8.7 Land and Environment Court Act 1979 (NSW), ss 34, 39 Local Government Act 1993 (NSW), ss 68, 89 Roads Act 1993 (NSW), s 138 Rural Fires Act 1997 (NSW), s 100B Water Management Act 2000 (NSW), s 91 Biodiversity Conservation Regulation 2017, cl 7.1 Environmental Planning and Assessment Regulation 2021(NSW), ss 23, 27, 37, 38, 173, 204 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.7, 2.8, 2.10, 2.11, 2.12, 4.6 Wollongong Local Environmental Plan 2009, cll 2.6, 4.1, 4.3, 4.4, 5.10, 7.1, 7.2, 7.5, 7.6, 7.14 State Environmental Planning Policy Amendment (Concurrences and Consultations) 2026 State Environmental Planning Policy (Planning Systems) 2021, s 4.46 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.98, 2.99, 2.100, 2.119, 2.120
Read the full judgment
Authoritative text on NSW Caselaw · ~41k words
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