Georgakis v Willoughby City Council [2023] NSWLEC 1537

Land and Environment Court New South Wales

Medium Neutral Citation: Georgakis v Willoughby City Council [2023] NSWLEC 1537 Hearing dates: Conciliation Conference 5 and 6 September 2023 Date of orders: 19 September 2023 Decision date: 19 September 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA-2022/306 for demolition of an existing dwelling and associated structures and construction of a two-storey dwelling with basement car parking, swimming pool and associated works at 47 Upper Cliff Avenue, Northbridge, being the Lot 2 DP 1015659, subject to conditions annexed here to and marked Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – conciliation conference – agreement between the parties – orders Legislation Cited: Conveyancing Act 1919, Sch 8, Pt 14 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Pt 6.2, Div 2, Ch 10, Div 2,ss 10.23, 10.24 State Environmental Planning Policy – Building Sustainability Index: BASIX 2004, s 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Willoughby Local Environmental Plan 2012, cll 4.3, 4.4, 4.4A, 4.5, 5.10, 5.21, 6.1, 6.2 Category: Principal judgment Parties: Garifalia Georgakis (Applicant) Willoughby City Council (Respondent) Representation: Counsel: M Staunton (Applicant) K Mortimer (Solicitor) (Respondent)