Northcote Development Company Pty Limited v Willoughby City Council [2023] NSWLEC 1770

Land and Environment Court New South Wales

Medium Neutral Citation: Northcote Development Company Pty Limited v Willoughby City Council [2023] NSWLEC 1770 Hearing dates: Conciliation conference on 7 November 2023 and 20 November 2023 Date of orders: 19 December 2023 Decision date: 19 December 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Modification Application DA 2013/147/G, seeking to modify the stage 2 building envelope and layout approved by DA 2013/147, in relation to the property at 2-14 Northcote Street, Naremburn (SP 93253, Lot 1 in DP 746018; Lots 1 and 2 in DP 801523; and Lots 2 and 3 in Section 29 of DP 4241) is approved subject to the consolidated conditions in Annexure A. Catchwords: MODIFICATION – Concept Plan approval – shop top housing - conciliation conference – agreement between the parties – orders Legislation Cited: Architects Regulation 2017, ss 4, 5 Environmental Planning and Assessment Act 1979, ss 4.5, 4.24, 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, ss 23, 37, 100, 102, 113 Land and Environment Court Act 1979, ss 17, 34 State Environmental Planning Policy – (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (2002) State Environmental planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021 Willoughby Local Environmental Plan 2012 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide Willoughby Community Participation Plan November 2013 Category: Principal judgment Parties: Northcote Development Company Pty Limited (Applicant) Willoughby City Council (Respondent) Representation: Counsel: T Sattler (Solicitor) (Applicant) A Rutherford (Solicitor) (Respondent)