Vic Vellar Nominees Pty Ltd v Wollongong City Council

[2012] NSWLEC 82

Land and Environment Court

New South Wales

Medium Neutral Citation:

Vic Vellar Nominees Pty Ltd v Wollongong City Council [2012] NSWLEC 82

Decision date:

20 April 2012

Jurisdiction:

Class 4

Before:

Biscoe J

Decision:

Orders as stated in paragraph 4

Catchwords:

PRACTICE AND PROCEDURE:- three related proceedings - final orders in two proceedings - third proceeding adjourned for 18 months to enable certain works to be carried out.

Legislation Cited:

Wollongong Local Environmental Plan 1990 cl 13(2)(a)

Cases Cited:

Wollongong City Council v Vic Vellar Nominees Pty Ltd [2010] NSWLEC 266, 178 LGERA 445
Vic Vellar Nominees Pty Ltd v Wollongong City Council [2011] NSWLEC 1143

Category:

Consequential orders

Parties:

10434 of 2009 and 40712 of 2010
Vic Vellar Nominees Pty Ltd (Applicant)

Wollongong City Council (Respondent)

40838 of 2009
Wollongong City Council (Applicant)

Vic Vellar Nominees Pty Ltd (Respondent)

Representation:

COUNSEL:
10434 of 2009 and 40712 of 2010:
Mr N Eastman (Applicant)
Mr J Lazarus (Respondent)

40838 of 2009:
Mr J Lazarus (Applicant)
Mr N Eastman (Respondent)
SOLICITORS:
10434 of 2009 and 40712 of 2010:
Hunt and Hunt (Applicant)
Sparke Helmore (Respondent)

40838 of 2009:
Sparke Helmore (Applicant)
Hunt and Hunt (Respondent)

File Number(s):

10434 and 40838 of 2009; 40712 of 2010

EX TEMPORE Judgment

1. There are three related proceedings currently before the Court involving Wollongong City Council and Vic Vellar Nominees Pty Ltd in which the parties propose consent orders that I propose to make. The consent orders will finally dispose of Class 4 proceedings 40838/09 (the enforcement proceedings) and Class 4 proceedings 40712/10 (the damages proceedings), and will stand over Class 1 proceedings 10434/09 (the subdivision appeal) for 18 months when the Court will be asked to make consent orders upholding the subdivision appeal. Although this is a remarkably long adjournment, it is in my view justified in the unusual circumstances. The object of the adjournment is to enable works to be carried out to the two subject partially constructed dwelling-houses which will qualify each as an "existing dwelling-house", within the meaning of cl 13(2)(a) of the Wollongong Local Environmental Plan 1990, following the guidelines in my interlocutory judgment in Wollongong City Council v Vic Vellar Nominees Pty Ltd [2010] NSWLEC 266, 178 LGERA 445. This will enliven the power to grant subdivision consent.

1. An appeal in a fourth proceeding (the modification appeal) in Class 1 has been upheld on an earlier occasion: Vic Vellar Nominees Pty Ltd v Wollongong City Council [2011] NSWLEC 1143.

1. The complex history of these related matters is recounted in written submissions dated 19 April 2012 by counsel for Vic Vellar Nominees Pty Ltd, which will remain with the papers. Counsel for the Council had an opportunity to review and contribute to that document. Its contents are uncontroversial.

1. Accordingly, by consent I make orders in the three proceedings in accordance with short minutes of order dated 20 April 2012 signed by the parties' legal representatives which I sign and place with the papers. The parties are to forthwith obtain from the Registry a hearing date in 18 months' time in the subdivision appeal when consent orders finally disposing of those proceedings will be put before the Court.