Metro NSWPV 26 Pty Ltd v Willoughby City Council [2023] NSWLEC 1758

Land and Environment Court New South Wales

Medium Neutral Citation: Metro NSWPV 26 Pty Ltd v Willoughby City Council [2023] NSWLEC 1758 Hearing dates: Conciliation conference held on 5 December 2023 Date of orders: 12 December 2023 Decision date: 12 December 2023 Jurisdiction: Class 1 Before: Bish C Decision: Proceedings 2022/386077 The Court orders that: (1) The appeal is upheld. (2) Development Application DA-2022/228, as amended, seeking Torrens title subdivision of one lot into four lots, and construction of access driveways and stormwater infrastructure to all new lots, on Lot D Deposited Plan 314721, also known as 2-6 Second Avenue, Willoughby East is determined by the grant of consent, subject to the conditions in Annexure A. (3) The Applicant is to pay the Respondent's costs thrown away, as a result of the Amended Application in the sum of $1,500.00 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. Proceedings 2022/386101 The Court orders that: (1) The appeal is upheld. (2) Development Application DA-2022/229, as amended, seeking demolition of existing buildings (Units A, C and D), partial demolition of an existing building (Unit B), and alterations and additions to a heritage building (the former Tresillians Nursing Home), construction of a swimming pool, garage, courtyard, landscaping and associated works, on Lot D Deposited Plan 314721, also known as 2-6 Second Avenue, Willoughby East is determined by the grant of consent, subject to the conditions in Annexure B. Catchwords: DEVELOPMENT APPLICATION – two separate but related appeals – Torrens title subdivision – demolition - alterations and additions to heritage building - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 Willoughby Local Environmental Plan 2012, cll 2.3, 4.3, 4.6, 4.16, 5.10, 6.1, 6.2, Sch 5 Pt 1 Texts Cited: Willoughby Development Control Plan 2006 Category: Principal judgment Parties: Metro NSWPV 26 Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) M Harker (Respondent)