Teda Northshore Pty Ltd v Willoughby City Council [2022] NSWLEC 1014

Land and Environment Court New South Wales

Medium Neutral Citation: Teda Northshore Pty Ltd v Willoughby City Council [2022] NSWLEC 1014 Hearing dates: 27 and 28 September 2021 Date of orders: 14 January 2022 Decision date: 14 January 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) the Applicant is to pay the Respondent's costs thrown away as a consequence of amendments made to its development application, as uploaded to the NSW Planning Portal on 30 September 2021, pursuant to the provisions of s 8.15(3) of the EP& A Act, in the sum of $1,000, within 4 weeks of the date of this judgment; (2) the Applicant's written requests pursuant to cl 4.6 of WLEP to vary the development standards in cll 26(2)(b)(iii) and 40(4)(b) of SEPP Seniors are upheld; (3) the appeal is upheld; (4) Development Application DA-2020/240, as amended, for the demolition of existing structures and construction of a seniors living development consisting of six self-contained dwellings, car parking, and removal of eight trees, at 99 Beaconsfield Road and 22B Greville Street, in Chatswood, is determined by the grant of consent, subject to the conditions at Annexure 'A'; (6) the exhibits are returned except exhibits A, B and 6. Catchwords: DEVELOPMENT APPLICATION – seniors living development – development exceeds access, height and FSR development standards in SEPP Seniors and Willoughby LEP - consideration of written requests under cl 4.6 of WLEP – amended plans – costs pursuant to s 8.15(3) of the EP&A Act. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 55, 77 Land and Environment Court Act 1979, s 39 Standard Instrument—Principal Local Environmental Plan (2006) State Environmental Planning Policy No 55 -Remediation of Land, cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 cll 2, 3, 5, 13, 14, 15, 26, 30, 33, 40, 50, Ch 3, Sch 3, Div 2 State Environmental Planning Policy (Housing) 2021, Sch 7 State Environmental Planning Policy (Infrastructure) 2007 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 3, 13 Waverley Local Environmental Plan 2012, cll 4.6, 5 Willoughby Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.6, 5.7, 5.10, 5.11, 6.2, 6.3 Cases Cited: Australian Nursing Home Foundation Ltdd v Ku-ring-gai Council [2019] NSWLEC 1205 Eastern Suburbs Leagues Club Ltd v Waverley Council [2019] NSWLEC 130 Hastings Point Progress Association Inc v Tweed Shire Council (2009) 168 LGERA 99; [2009] NSWCA 285 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Land and Environment Court of NSW COVID-19 Pandemic Arrangements Policy, April 2021 Willoughby Community Participation Plan 2020 Willoughby Development Control Plan 2006 Category: Principal judgment Parties: Teda Northshore Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: A Pickles (Applicant) B Dyer (Solicitor) (Respondent)