Warner v Willoughby City Council [2021] NSWLEC 1558

Land and Environment Court New South Wales

Medium Neutral Citation: Warner v Willoughby City Council [2021] NSWLEC 1558 Hearing dates: Conciliation conference on 21-22 September 2021 Date of orders: 23 September 2021 Decision date: 23 September 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The clause 4.6 request (for a variation to the height of buildings development standard under clause 4.3 of the Willoughby Local Environmental Plan 2012) prepared by Peter George Warner and dated August 2021 is upheld; (2) The appeal is upheld; (3) Development Application number DA-2020/310 for alterations and additions to the existing dwelling on land identified as Lot 1 in Deposited Plan 210157 and known as 89 Macquarie Street, Roseville NSW 2069, is approved in accordance with the conditions included at Annexure 'A'. Catchwords: APPEAL – development appeal – appeal concerning conditions – breach of height development standard – conciliation conference – agreement reached 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, 34AA Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Willoughby Local Environmental Plan 2012, cll 4.2, 4.15, 5.10 Category: Principal judgment Parties: Peter George Warner (Applicant) Willoughby City Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) M Winram (Solicitor) (Respondent)