Land and Environment Court New South Wales Medium Neutral Citation: Luxeco Property Pty Ltd v Willoughby City Council (No 2) [2021] NSWLEC 1603 Hearing dates: 2 and 3 March 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) The Development Application No DA-2019/253 seeking consent for the demolition of the existing dwellings and structures and construction of eleven new multi dwelling housing units and associated common access driveway, parking, landscaping and site works at 82-86 Eastern Valley Way, Willoughby NSW 2069 legally described as Lots 33-35 in DP 20044 is approved subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – multi-dwelling housing – overdevelopment – landscaping – vehicle access and parking – adaptable and affordable housing – impacts on adjoining properties – floor space ratio development standard cl 4.6 written request - orders Cases Cited: Luxeco Property Pty Ltd v Willoughby Council [2021] NSWLEC 1554 Category: Principal judgment Parties: Luxeco Property Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: M Wright SC (Applicant) P Vergotis (Solicitor) (Respondent) Solicitors: Holding Redlich (Applicant) McCabe Curwood Pty Ltd (Respondent) File Number(s): 2020/160587 Publication restriction: No Judgment 1. COMMISSIONER: On 22 September 2021, I handed down my reasons for judgment in the Class 1 appeal (Luxeco Property Pty Ltd v Willoughby Council [2021] NSWLEC 1554) to uphold the appeal subject to conditions. 2. I directed the Council to prepare and file conditions of consent in the requisite template and to provide them to the Court. 3. The Council filed the conditions in accordance with my direction on 6 October 2021 however there were some omissions which required correcting and this was done on 7 October 2021. 4. Following receipt of the conditions, I requested an electronic copy of the plans to upload onto Caselaw when the final judgment is published. Following that request the Applicant drew to my attention that a number of plans from the tendered bundle of Architectural Drawings marked Exhibit E were inadvertently omitted from the table of Proposed/Draft Conditions of Consent (Exhibit V) and that this omission was not identified until my request for the plans to be approved in electronic form being after 7 October 2021. The Applicant has provided conditions with track changes indicating the plans to be added and included in the conditions of consent. 5. I have reviewed the Exhibit E architectural drawings and I am satisfied that it is proper and appropriate to add and include the following plans: DA 1.140 07 30/11/2020 DA 1.141 08 14/12/2020 DA 1.142 09 14/12/2020 DA 1.150 03 19/02/2020 DA 1.51 03 19/02/2020 DA 1.152 03 19/02/2020 DA 1.160 02 18/08/2020 DA 1.161 01 16/12/2020 DA 2.120 01 27/08/2020 DA 2.121 01 27/08/2020 DA 5.000 00 30/11/2020 DA 5.001 00 30/11/2020 DA 5.002 00 30/11/2020 DA 5.003 00 30/11/2020 DA 5.005 00 30/11/2020 DA 5.006 00 30/11/2020 DA 5.007 00 30/11/2020 DA 5.008 00 30/11/2020 DA 5.009 00 30/11/2020 1. I am satisfied that the conditions accord with my judgment and I now make the following orders. 2. The Court orders that: 1. The appeal is upheld. 2. The Development Application No DA-2019/253 seeking consent for the demolition of the existing dwellings and structures and construction of eleven new multi dwelling housing units and associated common access driveway, parking, landscaping and site works at 82-86 Eastern Valley Way, Willoughby NSW 2069 legally described as Lots 33-35 in DP 20044 is approved subject to the conditions of consent at Annexure A. ………………………. E Espinosa Commissioner of the Court Annexure A (264152, pdf) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 29 October 2021