The owners of a controversial Darkes Forest property will be allowed to go ahead with their development plans after Wollongong City Council agreed to let them proceed.
The council has agreed to let the property owner, Zeina Itaoui, go ahead with most of the works planned, as long as some conditions are met.
The council had sought to enforce orders that some buildings be demolished, and others refused permission, for being developed without, or contrary to conditions of, development consent.
I was not required to make, and have not made, any assessment of the merits of the development applicationsCommissioner Joanne Gray
Ms Itaoui appealed against these decisions to the Land and Environment Court in a case which started in February. After a series of conciliation conferences earlier this year, the court's Commissioner Joanne Gray certified some agreements reached between council and Ms Itaoui.
One building, named as the principal dwelling, council had said was altered without development consent. Ms Itaoui sought permission to alter the house to remove two kitchens, increase the space between rooms, and make the structure compliant with the Building Code of Australia. This was agreed to by the council.
Council had said a long, thin building on the site, named as being for the purpose of horse stables, had also been altered without consent. Ms Itaoui said she would rectify the works by adding a horse yard, a horse washing room, moving some troughs, and removing bathrooms that had been built alongside stables.
Another house had been built as a "secondary dwelling", and Ms Itaoui said she wanted to alter this to turn it in to a "rural supplies store".
The court granted permission for these changes subject to conditions, while all other structures that were not approved must be removed.
Commissioner Gray said she need not make any assessment of the merits of the development applications.
"In making the orders to give effect to the agreement between the parties in each development application appeal, I was not required to make, and have not made, any assessment of the merits of the development applications against the discretionary matters that arise [for assessment under legislation]," Cmsr Gray said.