Thirroul Plaza DA rejected by Land and Environment Court

The developer had taken Wollongong City Council to court seeking to have its plans approved for 77 apartments on top of a larger shopping centre on what is now the Coles and associated shops in Thirroul.

Many local residents and businesses had vehemently opposed the plan, arguing that it would cause major congestion, change the atmosphere of the seaside town centre, and block views of the escarpment.

Land and Environment Court Commissioner Danielle Dickson said the scale of the development was not suitable for the desired future character of Thirroul, and would have negative impacts on the appreciation of the Illawarra Escarpment.

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"The built form of the development is incompatible with the desired future character of Thirroul Village Centre as detailed in [Wollongong's Development Control Plans]," the Commissioner ruled.

"On merit, a variation to the building height development controls ... is not warranted as the objectives of the control are not achieved.

"I am satisfied that the proposed development application will have a detrimental impact on the heritage significance of the Illawarra Escarpment Heritage Conservation Area."

Acoustic considerations, including for Anita's Theatre and the Beaches hotel also contributed to the refusal.

Save Thirroul Village spokeswoman Louise Wellington said the win was representative of more than the DA.

"It feels like for the first time in a long time, the community voice and common sense are being considered with regards to the changing face of Thirroul village," she said.

"Our community saw an opportunity to have a say on the place where they live and they jumped in wholeheartedly. How incredible it is for everyone to see their voices heard.

"We would like to congratulate Wollongong City Council and their solicitors for putting forward a powerful defence and for engaging with the community throughout this process."

Thirroul Plaza Pty Ltd, a company led by Austinmer engineer Angelo Forte, Austinmer builder Mark Forte and other shareholders, declined to comment on the court outcome.

Trying to overturn the decision on appeal may be difficult as Commissioner Dickson found each of the reasons she listed were on their own sufficient to refuse the application.

"They are not relied on collectively to establish an unacceptable impact sufficient to warrant the refusal of the development application," she stated.

Ms Wellington thanked the people who were involved in a two-year campaign against the development.

"Much of this success is owed to our incredible local community who have stayed engaged during this protracted and at times, frustrating process," she said.

"We have always been proud to represent your voice in this matter and we remain awed by your tireless campaigning and unrelenting dedication to our amazing and unique village.

"We are hopeful this decision represents a change in the way proposals are considered for Thirroul. An approach which considers the needs of the many above the wants of the few is a step in the right direction and one which we and the community welcome."