Marcarian v Willoughby City Council [2022] NSWLEC 1373

Land and Environment Court New South Wales

Medium Neutral Citation: Marcarian v Willoughby City Council [2022] NSWLEC 1373 Hearing dates: Conciliation conference on 5 July 2022 Date of orders: 14 July 2022 Decision date: 14 July 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) the appeal is upheld (2) Development consent is granted to Development Application DA-2021-18 for construction of a part two storey, part three storey dwelling house with pool to rear and associated landscaping works at 75 Coolawin Road, Northbridge, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – dwelling house – conciliation conference – amended plans – agreement between the parties – orders 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 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Div 2 cll 10.18-10.27 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Taleen Marcarian (Applicant) Willoughby City Council (Respondent) Representation: Counsel: M Sonter, Solicitor (Applicant) P Brown, Solicitor (Respondent)