Aplus Architecture Pty Ltd trading as Aplus Design Group v WILLOUGHBY CITY COUNCIL [2023] NSWLEC 1271

Land and Environment Court New South Wales

Medium Neutral Citation: Aplus Architecture Pty Ltd trading as Aplus Design Group v WILLOUGHBY CITY COUNCIL [2023] NSWLEC 1271 Hearing dates: Conciliation conference on 31 August 2022, 15 September 2022, 30 November 2022 Date of orders: 13 June 2023 Decision date: 13 June 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA2022/2 (as amended) for demolition of the existing building (including the driveway cross over to Victoria Avenue), above ground carparking, the construction of a four-storey retail development and lot consolidation is approved, subject to the conditions of consent at Annexure A. (3) The Applicant's amended written request under clause 4.6 of the Willoughby Local Environmental Plan 2012 (WLEP) prepared by Planning Ingenuity Pty Ltd and dated 23 February 2023, seeking a variation of the development standard for height under clauses 4.3 and 4.3A of the WLEP, is upheld. Catchwords: DEVELOPMENT APPEAL – shop top housing development – variation to height of building development standard– conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.16, 8.7, 8.11, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Environmental Planning and Assessment Regulation 2021, s 38, Sch 6, s 3 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 10 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, s 2.119 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings, cll 28, 30 Willloughby Local Environmental Plan 2012, cll 2.3, 2.7, 4.3, 4.3A, 4.4, 4.4B, 4.6, 6.7, Sch 1, Item 31 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Department of Planning, Industry and Environment, Planning Circular PS20-002 (May 2020) NSW Department of Planning and Environment, Apartment Design Guide (July 2015) NSW Environment Protection Authority, Waste Classification Guidelines (November 2014) Category: Principal judgment Parties: Aplus Architecture Pty Ltd trading as Aplus Design Group (Applicant) Willoughby City Council (Respondent) Representation: Counsel: A Hemmings (Applicant) K Gerathy (Solicitor) (Respondent)