Blanc Black Projects Pty Limited v Willoughby City Council [2022] NSWLEC 1135

Land and Environment Court New South Wales

Medium Neutral Citation: Blanc Black Projects Pty Limited v Willoughby City Council [2022] NSWLEC 1135 Hearing dates: 1 and 2 December 2021, 22 February 2022 Date of orders: 17 March 2022 Decision date: 17 March 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development application no DA-2021/90 (as amended on 12 October 2021) for the demolition of existing buildings and construction of a new residential flat building comprising 11 apartments over basement car parking on the land described as Lots 1 and 2 DP 554171 and known as 58-60 Eastern Valley Way Northbridge is determined by the grant of consent subject to the conditions in Annexure A. (3) The exhibits are returned, except for exhibits A, B, D, E, J and 8. Catchwords: DEVELOPMENT APPLICATION – residential flat building – bulk and scale – height exceeds development standard – whether overdevelopment – flooding impact – external materials, finishes and colours – condition requiring affordable housing contribution – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 3.42, 4.15, 4.17, 7.11, 7.12, 7.32, 8.7, 8.10 Environmental Planning and Assessment Regulation 2000, cll 3, 49, 50, 55 and Sch 1 Roads Act 1993 State Environmental Planning Policy (Housing) 2021, Sch 7, cl 2(a). State Environmental Planning Policy (Infrastructure) 2007, cl 101 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy No 70 – Affordable Housing (Revised Schemes), cll 9, 10, Sch 2 Water Management Act 2000 Willoughby Local Environmental Plan 2012, cll 1.2, 2.3, 4.3, 4.4, 4.6, 5.21, 6.1, 6.8 Cases Cited: Cavasinni Constructions Pty Ltd v Fairfield City Council (2010) 173 LGERA 456; [2010] NSWLEC 65 Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Lake Macquarie City Council v Hammersmith Management Pty Ltd (2003) 132 LGERA 225; [2003] NSWCA 313 Newbury District Council v Secretary of State for the Environment [1981] AC 578 Western Australian Planning Commission v Temwood Holdings Pty Ltd (2004) 221 CLR 30; 137 LGERA 232 Texts Cited: Apartment Design Guide, NSW Department of Planning and Environment, July 2015 Willoughby Development Control Plan 2006 Willoughby Housing Strategy 2036 (December 2019) Category: Principal judgment Parties: Blanc Black Projects Pty Limited (Applicant) Willoughby City Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) D Robertson (Respondent)