Northcote Development Company Pty Ltd v Willoughby City Council [2023] NSWLEC 1784

Land and Environment Court New South Wales

Medium Neutral Citation: Northcote Development Company Pty Ltd v Willoughby City Council [2023] NSWLEC 1784 Hearing dates: Conciliation conference on 7 November 2023 and 20 November 2023 Date of orders: 21 December 2023 Decision date: 21 December 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Modification Application 2021/230/A, seeking to modify the built form and layout of the residential component of the shop top housing development approved by DA 2021/230, in relation to the property at 2-6 Northcote Street Naremburn (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 APPLICATION – shop top housing – presentation to road intersection - conciliation conference – agreement between the parties – orders Legislation Cited: Architects Act 2003, Sch 7 Environmental Planning and Assessment Act 1979, ss 4.5, 4.15, 4.24, 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, ss 23, 100, 102, 113 Land and Environment Court Act 1979, ss 17, 34 State Environmental planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Willoughby Local Environmental Plan 2012, cll 4.4 Texts Cited: NSW Planning and Environment, Apartment Design Guide, July 2015 Willoughby Community Participation Plan, November 2012 Category: Principal judgment Parties: Northcote Development Company Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: T Sattler (Solicitor) (Applicant) A Rutherford (Solicitor) (Respondent)