Blanc Black Projects Pty Limited v Willoughby City Council (No 2) [2023] NSWLEC 1621

Land and Environment Court New South Wales

Medium Neutral Citation: Blanc Black Projects Pty Limited v Willoughby City Council (No 2) [2023] NSWLEC 1621 Hearing dates: 14 September 2023 Date of orders: 24 October 2023 Decision date: 24 October 2023 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) The development consent granted by this Court on 17 March 2022 (Council reference DA-2021/90) is, from the date of these orders, subject to the following condition: 27A Affordable Housing Monetary Contribution The applicant shall make a monetary contribution for the purpose of providing Affordable Housing that is calculated at 4% of the accountable total floor area of the development to Council. In calculating the monetary contribution reference is to be made to the market value of dwellings of a similar size and taken from the most recent median sales price of such dwellings for the Willoughby local government area as documented in the Rent and Sales Report NSW published by Housing NSW or, if another document has been approved for that purpose by the Director-General, that document. Prior to payment of the contribution evidence shall be submitted to Council's Director of Planning & Infrastructure demonstrating how the contribution has been calculated in accordance with the above requirement. The contribution is to be paid prior to release of the occupation certificate. (3) As a consequence of the addition of Condition 27A, development consent DA-2021/90 is now subject to the consolidated conditions of consent set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – remitted matter – residential flat building – condition requiring payment of affordable housing contribution Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.17, 7.11, 7.32, 8.7 Land and Environment Court Act 1979, s 56A State Environmental Planning Policy No 70 – Affordable Housing (Revised Schemes), cll 3, 6, 7, 8, 9, 10, Sch 2, Principle 1 Willoughby Local Environmental Plan 1995 Willoughby Local Environmental Plan 2012, cll 1.8A, 4.3, 4.6, 6.8 Willoughby Local Environmental Plan 2012 (Amendment No 34) Cases Cited: Australian Protein Recyclers Pty Ltd v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 Blanc Black Projects Pty Limited v Willoughby City Council [2022] NSWLEC 1135 Cavasinni Constructions Pty Ltd v Fairfield City Council (2010) 173 LGERA 456; [2010] NSWLEC 65 Newbury District Council v Secretary of State for the Environment [1981] AC 578 Western Australian Planning Commission v Temwood Holdings Pty Ltd (2004) 221 CLR 30; [2004] HCA 63 Willoughby City Council v Blanc Black Projects Pty Limited [2023] NSWLEC 54 Category: Principal judgment Parties: Blanc Black Projects Pty Limited (Applicant) Willoughby City Council (Respondent) Representation: Counsel: P Tomasetti SC with J Li (Applicant) M Wright SC with D Robertson (Respondent)