WINIM Developments Pty Limited v Willoughby City Council [2023] NSWLEC 1113

Land and Environment Court New South Wales

Medium Neutral Citation: WINIM Developments Pty Limited v Willoughby City Council [2023] NSWLEC 1113 Hearing dates: Conciliation conference on 23 January 2023, 8 February 2023, 1 March 2023 Date of orders: 15 March 2023 Decision date: 15 March 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant agrees to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The written request under clause 4.6 of the Willoughby Local Environmental Plan 2012 is upheld. (3) The Appeal is upheld. (4) Development application No. 2021/123 is determined by the grant of consent for the demolition of existing dwellings and structures, amalgamation of lots, construction of a four-storey residential flat building consisting of six apartments and three (3) three-storey multi dwelling buildings consisting of seven dwellings, basement car parking, landscaping and associated works at 46, 48 and 48A Eastern Valley Way, Northbridge (legally known as Lot 2 in DP 544081, Lot 1 in DP 528691 and Lot 1 in DP 999869) subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION — Residential flat building in R3 Medium Density Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 7.32, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 28, 30 Willoughby Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 6.1, 6.2, 6.8 Texts Cited: Apartment Design Guide Willoughby Development Control Plan 2006 Category: Principal judgment Parties: WINIM Developments Pty Limited (Applicant) Willoughby City Council (Respondent) Representation: Counsel: H Kahagalle (Solicitor) (Applicant) G Appleby (Solicitor) (Respondent)