Architecture Urbaneia Pty Limited v Willoughby City Council [2021] NSWLEC 1358

Land and Environment Court New South Wales

Medium Neutral Citation: Architecture Urbaneia Pty Limited v Willoughby City Council [2021] NSWLEC 1358 Hearing dates: Conciliation conference on 26 April 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Class 1 Before: Shiels AC Decision: The Court orders: (1) The Applicant is granted leave to amend the development application to rely upon the amended architectural plans, landscape plans and reports referred to in condition 1 of Annexure A and a revised clause 4.6 objection dated 12 May 2021. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Respondent's costs thrown away, as agreed or assessed as a result of the amendment of the application. (3) The applicant's written request under clause 4.6 of the Willoughby Local Environmental Plan 2013 seeking a variation of the development standard for floor space ratio under clauses 4.4 of the Willoughby Local Environmental Plan 2013 is upheld. (4) The Appeal is upheld. (5) Development Application No. DA 2020/113 for the demolition of existing dwellings and structures, consolidation of Lot 1 DP 101483 and Lot 2 DP 101483 into a single lot and construction of multi dwelling housing comprising eight townhouses with basement parking for thirteen vehicles and rooftop terraces for five townhouses is approved subject to the conditions in Annexure A. Catchwords: APPEAL – development application – residential flat building – breach of FSR development standard conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 - Remediation of Land State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development State Environmental Planning Policy (Infrastructure) 2007 State Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005 Willoughby Local Environmental Plan 2012 Category: Principal judgment Parties: Architecture Urbaneia Pty Limited (Applicant) Willoughby City Council (Respondent) Representation: Counsel: A Sattler (Solicitor) (Applicant) S Puckeridge (Solicitor) (Respondent)