Thirdi Castle Cove Pty Ltd v Willoughby City Council [2021] NSWLEC 1286

Land and Environment Court New South Wales

Medium Neutral Citation: Thirdi Castle Cove Pty Ltd v Willoughby City Council [2021] NSWLEC 1286 Hearing dates: Conciliation 1, 23 and 30 April, 7 May 2021 Date of orders: 26 May 2021 Decision date: 26 May 2021 Jurisdiction: Class 1 Before: Clay AC Decision: See Orders at [15] Catchwords: DEVELOPMENT APPLICATION – Seniors Living – conciliation – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 ss 34, 39 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with Disability) 2004 Pt 3 Div 2, cll 4, 26, 27, 30, 32, 50 State Environmental Planning Policy No 55—Remediation of Land Willoughby Local Environmental Plan 2012 cll 4.3, 4.6 Cases Cited: Argyropoulos v Canterbury Municipal Council (1988) 66 LGRA 203 Australian Nursing Home Foundation Limited v Ku-ring-gai Council [2019] NSWLEC 1205 Ipoh Pty Ltd v Sydney City Council [2006] NSWLEC 102 RBFI Pty Limited v Wollongong City Council [2017] NSWLEC 174 Texts Cited: Planning for Bush Fire Protection Category: Principal judgment Parties: Thirdi Castle Cove Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) J Merlino (Solicitor) (Respondent)