Helou v Willoughby City Council [2020] NSWLEC 1648

Land and Environment Court New South Wales

Medium Neutral Citation: Helou v Willoughby City Council [2020] NSWLEC 1648 Hearing dates: 5 November 2020; Mention on 11 December 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application to: (a) Rely upon amended plans marked Exhibit D. (b) Undertake works to demolish the existing hardstand car parking space within the front setback of the site and the adjoining northern and southern retaining walls at 8 Dowel Street, Chatswood. (c) In place of the retaining walls and car parking space, the adjoining lawn area is to be battered back to align with the return walls of the street-facing gable portion of the front façade and planted in lawn. (d) Landscape the front setback in accordance with the plans at Exhibit D. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA2019/22 for the demolition of an existing hardstand car parking space and adjoining northern and southern retaining walls and the construction of a masonry retaining wall and associated landscaping, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – North Chatswood Heritage Conservation Area – driveway in front setback – orders by consent Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court 1979 Willoughby Local Environmental Plan 2012 Texts Cited: Australian Standard AS2890 Land and Environment Court, COVID-19 Pandemic Arrangements Policy Willoughby Development Control Plan 2012 Category: Principal judgment Parties: Karia Helou (Applicant) Willoughby City Council (Respondent) Representation: Counsel: M Helou (Agent) Applicant K Gerathy (Solicitor) (Respondent)