Ng v Willoughby City Council [2021] NSWLEC 1690

Land and Environment Court New South Wales

Medium Neutral Citation: Ng v Willoughby City Council [2021] NSWLEC 1690 Hearing dates: 9-10 November 2021 Date of orders: 11 November 2021 Decision date: 11 November 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The clause 4.6 written request prepared by ABC Planning Pty Ltd dated July 2021 for variation to the height of building development standard under clause 4.3 of the Willoughby Local Environmental Plan 2012 is upheld; (2) The appeal is upheld; (3) Development consent is granted to development application no. DA-2019/57 for the change of use from dwelling house to a boarding house including alterations and additions to the existing building, carparking and associated works at Lot F, DP448603 (No. 6) View Street, Chatswood NSW subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION ­– boarding house development in R2 Low Density Residential zone – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Willoughby Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.21, 6.1, 6.2 Category: Principal judgment Parties: Chung Kei Ng (Applicant) Willoughby City Council (Respondent) Representation: Counsel: G Hartley (Solicitor) (Applicant) P Vergotis (Solicitor) (Respondent)