Wollongong City Council has had a minor win in its court case against Shellharbour City Council, after an administrative bungle from the southern council halted proceedings this week.
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Wollongong council launched Land and Environment Court action in August, objecting to Shellharbour’s consent for a 279-lot subdivision at Lend Lease’s Calderwood development.
The northern council complained Shellharbour had failed to consider the effect the development would have on West Dapto roads within Wollongong’s borders when approving the homes.
It took legal action in an effort to force the developer to contribute towards the costs of upgrading Yallah and Marshall Mount roads –which it estimated to be about $2.2 million.
On Thursday, the court ordered that the development consent given by Shellharbour was invalid and ordered the council to pay Wollongong’s costs.
However, this decision was due to an administrative error – as approval had been issued without the correct permissions from councillors and the general manager – and not the consideration of Wollongong’s argument about road costs.
Nevertheless, Wollongong Lord Mayor Gordon Bradbery claimed a small victory for his council, as work on the development will cease and Shellharbour council will have to reconsider the subdivision plan.
If they get their act together... and include the need for contributions to Wollongong City Council then we won’t need further legal action.
- Cr Bradbery.
“This highlights the point that we need to coordinate with each other on anything to do with the Calderwood project,” he said.
A Shellharbour spokeswoman said the council had “reissued its delegations” to allow for development approvals, and would “continue to consider any applications that it receives for development relating to the Calderwood Project”.
Cr Bradbery said Wollongong would likely take further legal action if no effort was made to help his council meet costs of upgrading the roads.
“If they get their act together and sort out the paper work, and include the need for contributions to Wollongong City Council then we won’t need further legal action,” he said. “Otherwise we’ll be back at the court, having another go.”
The controversial Calderwood land release – which will eventually house 4800 homes between Dapto and Albion Park – falls partially in both council areas, with roughly two-thirds of it in Shellharbour.