Cross v Willoughby City Council [2020] NSWLEC 1345

Land and Environment Court New South Wales

Medium Neutral Citation: Cross v Willoughby City Council [2020] NSWLEC 1345 Hearing dates: 17 July 2020 Date of orders: 06 August 2020 Decision date: 06 August 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The Applicant is granted leave to amend its class 1 application filed with the Court on 17 January 2020 by: (a) Deleting the words under the section "Orders Sought"; and (b) Inserting the following under the section "Orders Sought": (i) Modification of consent conditions 8,9, 32 and 35 to DA-2019/101. (2) The appeal is upheld. (3) Conditions 8, 9, 32 and 35 to Development Consent DA-2019/101 for alterations and additions to an existing dwelling be modified in accordance with the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to existing dwelling – amend conditions of consent – stormwater management – flood risk – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Willoughby Local Environmental Plan 2012 Texts Cited: Willoughby Development Control Plan 2006 Category: Principal judgment Parties: Joel Cross (Applicant) Willoughby City Council (Respondent) Representation: Counsel: J Cross (Self Represented Applicant) P Vergotis (Solicitor) (Respondent)