Camuglia v Willoughby City Council [2023] NSWLEC 1311

Land and Environment Court New South Wales

Medium Neutral Citation: Camuglia v Willoughby City Council [2023] NSWLEC 1311 Hearing dates: Conciliation conference on 16 June 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is granted leave to amend the development application to rely on the plans and documents listed at Condition 1 of Annexure A. (2) The applicant's written request prepared by Minto Planning Services dated 19 April 2023, pursuant to clause 4.6 of the Willoughby Local Environmental Plan 2012 ("WLEP"), to vary the height of buildings development standard in clause 4.3 of the WLEP is upheld. (3) The appeal is upheld. (4) Development consent is granted to development application no. DA-2022/367, for alterations and additions to the existing heritage building, the change of use to a single dwelling house and the construction of a new tennis court, swimming pool and associated works at 97 Ashley Street, Roseville (Lot 300 in Deposited Plan 1029909), subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – alterations and additions to existing heritage building, change of use to a single dwelling house and construction of a new tennis court, swimming pool and associated works – conciliation conference – agreement between the parties – orders Legislation Cited: Draft Willoughby Local Environmental Plan 2022 Environmental Planning and Assessment Act 1979, ss 1.3, 4.16 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 Pt 6.2 Div 2 ss 6.6-6.10; Pts 6.3-6.5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Willoughby Local Environmental Plan 2012, cll 1.2, 2.3, 2.7, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, Sch 5 Pts 1, 2 Texts Cited: Willoughby Community Participation Plan Category: Principal judgment Parties: Mark Camuglia (Applicant) Willoughby City Council (Respondent) Representation: Counsel: M Jaku (Solicitor) (Applicant) L Mulligan (Solicitor) (Respondent)