Momentum Project Group Pty Ltd v Willoughby City Council [2022] NSWLEC 1561

Land and Environment Court New South Wales

Medium Neutral Citation: Momentum Project Group Pty Ltd v Willoughby City Council [2022] NSWLEC 1561 Hearing dates: Conciliation conference on 9 and 19 September 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The applicants written request, pursuant to clause 4.6 of the Willoughby Local Environmental Plan 2012, seeking a variation to the Development Standards for Height of Buildings, is upheld. (2) The applicants written request, pursuant to clause 4.6 of the Willoughby Local Environmental Plan 2012, seeking a variation to the Development Standards for Floor Space Ratio, is upheld. (3) The Appeal is upheld. (4) The Development Application DA-2021/309, for the demolition of all existing structures and the construction of a shop-top housing development consisting of commercial premises at the ground floor, residential apartments above and basement car parking on land known as 83-87 Edinburgh Road Castlecrag, legally described as Lots 4, 5, 6 in DP 15437, is determined by the grant of Development Consent subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – Shop Top Housing – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.11 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Transport and Infrastructure SEPP) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Willoughby Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 6.1, 6.2 Category: Principal judgment Parties: Momentum Project Group Pty Ltd (Applicant) Willoughby Council (Respondent) Representation: Counsel: S Gadiel (Solicitor) (Applicant) JP Merlino (Solicitor) (Respondent)