Bridgelane Property 16 Pty Ltd v Willoughby City Council [2020] NSWLEC 1631

Land and Environment Court New South Wales

Medium Neutral Citation: Bridgelane Property 16 Pty Ltd v Willoughby City Council [2020] NSWLEC 1631 Hearing dates: Conciliation conference on 4 December 2020 Date of orders: 15 December 2020 Decision date: 15 December 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) Leave is granted for the Applicant to rely on the amended plans and additional information as referred to in the conditions of consent at Annexure B and listed at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent's costs thrown away as a result of the amendment to the application for development consent in the amount of $11,876.20 within 28 days of the date of this agreement. (3) The Applicant's amended written request under clause 4.6 of Willoughby Local Environmental Plan 2012, prepared by City Plan Strategy and Development Pty Ltd and dated September 2020, seeking a variation of the development standard for height under clause 4.3 of the Willoughby Local Environmental Plan 2012 is upheld. (4) The appeal is upheld. (5) Development Application No. DA2020/85 lodged on 8 April 2020, as amended, for the demolition of existing structures and construction of a shop top housing development with basement car parking, landscaping and associated works at 3 The Postern, Castlecrag and 120 Edinburgh Road, Castlecrag is approved subject to the conditions annexed to this agreement at Annexure B. Catchwords: DEVELOPMENT APPLICATION – demolition – shop top housing – commercial premises – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Willoughby Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Bridgelane Property 16 Pty Ltd (Applicant) Willoughby Council (Respondent) Representation: Counsel: N Sandstrom (Solicitor) (Applicant) M Winram (Solicitor) (Respondent)