Koura v Willoughby City Council [2023] NSWLEC 1467

Land and Environment Court New South Wales

Medium Neutral Citation: Koura v Willoughby City Council [2023] NSWLEC 1467 Hearing dates: Conciliation Conference 11 July 2023 Date of orders: 18 August 2023 Decision date: 18 August 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The Appeal is upheld. (2) Development consent is granted to Development Application No DA-2022/231, as amended, for the demolition of the existing dwelling and swimming pool and the construction of new dwelling, basement garage with storage, swimming pool, tree removal landscaping and associated works at land identified as Lot 16 in Deposited Plan 235319, known as 10 Willis Road, Castle Cove NSW 2069, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition of existing swelling house – excavation & construction new dwelling house –- Innisfallen Castle Estate -conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.16, 8.7, 8.11, 10.3 Land and Environment Court Act 1979, ss 34, 34AA Willoughby Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 6.2 Environmental Planning and Assessment Regulation 2021, s 37 State Environmental Planning Policy (Resilience and Hazards) 2021 ss 2.11, 2.12, 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Category: Principal judgment Parties: Sam Koura (First Applicant) Lena Koura (Second Applicant) Willoughby City Council (Respondent) Representation: Counsel: D Loether (Solicitor)(First and Second Applicant) A Rutherford (Solicitors)(Respondent)