Thirroul Plaza DA Rejected
19 October 2022
After a two-year campaign, Save Thirroul Village are delighted by today's ruling in the Land and Environment Court (LEC) rejecting the proposal to redevelop Thirroul Plaza.
This decision recognises the significant issues inherit in the proposal and validates the long-held concerns of Wollongong City Council, subject matter experts and the local community.
Louise Wellington of Save Thirroul Village said: "This win is representative of more than just this 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. 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.
We would like to thank the local media and community organisations who have worked to keep the community informed, notably ABC Illawarra, the Illawarra Mercury and 2515 Magazine.
Much of this success is owed to our incredible local community who have stayed engaged during this protracted and at times, frustrating process. 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.
Outcome of LEC hearing
Following is an extract from the Decision by the Comissioner.
Having appreciated the site and its context at the view, listened to and considered the submissions of the residents, reviewed the expert evidence, the submissions of the parties and undertaken an assessment of the application I am satisfied consent should be refused. My reasoning is contained in full later in the judgment, however in brief I find:
- That the built form of the development is incompatible with the desired future character of Thirroul Village Centre as detailed in Chapter D12 of DCP 2009. Further, that on merit, a variation to the building height development controls at cll 13.2 (a) and 18 of chapter D12 of DCP 2009 is not warranted as the objectives of the control are not achieved: s 4.15 (3A) (b) of the EPA Act.
- I am satisfied that the proposed development application will have a detrimental impact on the heritage significance of the Illawarra Escarpment Heritage Conservation Area (Escarpment HCA).
- Further, I find that the development should be refused because: firstly, the acoustic assessment fails to provide sufficient information to evaluate the likely impacts of the operation of Anita’s Theatre on the proposed residential development; secondly, the development application does not sufficiently demonstrate how it proposed to accommodate or mitigate the existing acoustic impacts from the Beaches Hotel; and thirdly on the preceding basis I find that it is uncertain that the proposed development will provide an acceptable level of acoustic amenity for future residents.
- I am satisfied that each of the preceding likely impacts of the development are sufficient to warrant the refusal of the application: s 4.15(1)(b) of the EPA Act. They are not relied on collectively to establish an unacceptable impact sufficient to warrant the refusal of the development application.
- I note that both the public submissions and the evidence in the proceedings canvassed additional issues and matters. These included matters in relation to the external traffic impacts, loss of on street parking as a result of the proposed public domain works, and the acceptability of the amenity of the proposed apartments. Consistent with the obligation at s 56 of the Civil Procedure Act 2005, namely, to facilitate the just, cheap and quick resolution of the real issues in the proceedings, I have not made findings in relation to these matters as I am satisfied the aforementioned detrimental impacts of the development are sufficient for me to conclude the development application should be refused.
As a result of these findings, the outcome of the proceedings is that the appeal is dismissed, and the development application is refused.
The Thirroul Plaza DA
Thirroul is under threat from the largest development proposal the region has ever seen, DA2020/363 - Thirroul Plaza redevelopment - a high-density unit complex to be dropped into the heart of Thirroul. This DA is of a massive size and scale. It is unprecedented in Thirroul, or anywhere nearby.
DA2020/363 was presented to council four times and it consistently failed to meet council requirements. Due to the excessive time the developers took 'endeavouring' to deliver a compliant proposal to Wollongong Council, it enabled the developers to invoke a 'deemed refusal' clause and have the matter determined by the Land and Environment Court (LEC).
The developers failed to deliver a compliant DA, and yet they were able to 'force' it before the LEC for determination! Does that sound reasonable to you?
The Land and Environment Court (LEC) heard the case between 25-28 July 2022. The first day of the LEC hearing commenced with a site inspection of the Thirroul Plaza site.
On this first day, it was fantastic to see hundreds of residents coming out for "Save Thirroul Village Day", showing the Land and Environment Court Commissioner the strong sense of place and community Wollongong’s northern suburbs residents have for Thirroul. Despite it being a Monday morning, in the dead of winter, it was really uplifting to see so many community members willing to demonstrate their support for a better outcome for the Plaza site.
We also received some wonderful press coverage from The Illawarra Mercury, WIN TV and ABC Illawarra.
WIN News
ABC Illawarra Drive
It has been so incredibly frustrating that the developers were given so many opportunities to revise their plans and address the significant issues with their proposal. At no stage did the developers give any consideration to the serious concerns raised by the coommunity. Their final plans represented virtually no change from the plans submitted in early 2020.
Impacts of the proposed plans
The proposed development will dwarf and overshadow the surrounding village, towering around two storeys over the shops opposite. We currently have wonderful views of the Illawarra escarpment. We have a great range of independent shops and vibrant locally run businesses, along old style shopping strips. Thirroul has a very low shop vacancy rate, perhaps even zero! Even in the challenging times that Covid has brought to businesses, the Thirroul businesses are still there.
The following images will give you an idea of the massive scale of the proposed development.
The photograph is taken near the corner of McCauley Street and Lawrence Hargrave Drive, opposite the Thirroul Plaza site.
Beaches hotel, at the centre of the photograph, a prominent landmark, surrounded by the Thirroul Plaza site, still allows signficicant open views to the escarpment, to the North and South.
The elevation view beneath the photograph is taken from the developers last submission to Wollongong Council.
Clearly, the proposed development will completely obliterate the views the community and visitors currently enjoy of the escarpment. The proposed development will close-in the shops on Lawrence Hargrave Drive, and surrounding streets, cutting the street off from the open view to the escarpment.
Significant too, is the shadowing that will result from the very imposing height of the proposed structure. This shadowing will rob local businesses and Cafes of their afternoon sun. Consider what affect the early loss of sunlight will have on the amenity and viability of business nearby.
There will be appreciable increases in traffic movements as a result of the proposed development. To support the increased traffic movements the plaza DA dictates removal of virtually all of Thirroul shopping strips' street parking.
At present the community and tourists can easily park in Lawrence Hargrave Drive and King Street to shop or visit the medical precinct. The street parking has very high turn-over, fueling and feeding the successful high-street businesses.
The entire community will be forced to sacrifice the amenity currently enjoyed if the Thirroul Plaza DA proceeds. This is wrong, a completely unreasonable sacrifice expected of the community and local businesses.
An entire community should not have to sacrifice so much to support the interests of so few.
Save Thirroul Village is not opposed to development. We would love to see well-designed development that will both support the village lifestyle and respect what is already there. The current plans fail dismally on all fronts.
We would like to show our respect and acknowledge the Traditional Custodians of Dharawal Country, Elders past, present and emerging. We recognise all the Aboriginal nations who have a continuing connection to this country, sea, land and community, and extend our respect to other Aboriginal and Torres Strait Islander people.
