Mackenzie Architects International Pty Ltd v Willoughby City Council [2023] NSWLEC 1712

Land and Environment Court New South Wales

Medium Neutral Citation: Mackenzie Architects International Pty Ltd v Willoughby City Council [2023] NSWLEC 1712 Hearing dates: Conciliation conference held on 20 October 2023 Date of orders: 28 November 2023 Decision date: 28 November 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA2021/190, which seeks the demolition of the existing structures and construction of a multi dwelling housing development, consisting of four (4) dwellings, basement car parking, landscaping and associated works on Lot B in Deposited Plan 358599, also known as 15 Talus Avenue, Naremburn, is determined by the grant of consent, subject to the conditions in Annexure A. (3) The Applicant must pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.98, 2.100 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 10, 16A, 17 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 Willoughby Local Environmental Plan 2012, cl 2.3 Texts Cited: Willoughby Development Control Plan 2006 Category: Principal judgment Parties: Mackenzie Architects International Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: K Potter (Applicant) J Merlino (Solicitor) (Respondent)