UT 282 Victoria Pty Ltd v Willoughby City Council [2020] NSWLEC 1387

Land and Environment Court New South Wales

Medium Neutral Citation: UT 282 Victoria Pty Ltd v Willoughby City Council [2020] NSWLEC 1387 Hearing dates: Conciliation Conference 27 July & 3 August 2020 Date of orders: 21 August 2020 Decision date: 21 August 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant is granted leave to rely on amended plans prepared by A Plus Design Group (individually dated), being those listed in consent condition 1 and as annexed and marked "B". (2) The Applicant is granted leave to rely on the clause 4.6 written requests prepared by Boston Blyth Fleming dated 31 July 2020. (3) The Applicant's written request prepared by Boston Blyth Fleming dated 31 July 2020 made pursuant to clause 4.6 of the Willoughby Local Environmental Plan 2012 to vary the height of buildings development standard at clause 4.3(2) of the Willoughby Local Environmental Plan 2012 is upheld. (4) The Applicant's written request prepared by Boston Blyth Fleming dated 31 July 2020 made pursuant to clause 4.6 of the Willoughby Local Environmental Plan 2012 seeking to vary the exception to height of buildings development standard at clause 4.3A(3) of the Willoughby Local Environmental Plan 2012 is upheld (5) The Applicant's written request prepared by Boston Blyth Fleming dated 31 July 2020 made pursuant to clause 4.6 of the Willoughby Local Environmental Plan 2012 to vary the floor space ratio development standard at clause 4.4(2) of the Willoughby Local Environmental Plan 2012 is upheld (6) The appeal us upheld. (7) Development application no. DA-2018/430 for the conversion of the existing commercial building to shop top housing, to retain and adapt the existing building for use as a mixed use development containing ground level, Level 1 and Level 3 retail and business premises, with three levels (Levels 4, 5 and 6) of residential units, above parking for 35 cars, internal building works, changes to the building facades, and the construction of a landscaped, open space area on the roof top, with an easement for light and ventilation (over 284 Victoria Avenue, Chatswood), at 282 Victoria Avenue, Chatswood, is approved and development consent is granted subject to the conditions of consent set out in Annexure "A" and the plans annexed and marked "B". (8) In relation to the amendment for which leave is granted by order (1), the Applicant is to pay the Respondent's costs as agreed or assessed pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW). Catchwords: DEVELOPMENT APPLICATION – conversion of existing commercial building to shop top housing – exception to development standards – flood planning – active street frontage – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy 55 – Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Willoughby Local Environmental Plan 2012 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 118 Initial Action Pty Ltd v Woollahra Municipal Council 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Webhe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: UT 282 Victoria Pty Ltd ACN 615436890 (Applicant) Willoughby City Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Koprivnjak (Respondent)