Ochudzawa v Willoughby City Council [2024] NSWLEC 1094

Land and Environment Court New South Wales

Medium Neutral Citation: Ochudzawa v Willoughby City Council [2024] NSWLEC 1094 Hearing dates: Conciliation conference held 5 and 6 February 2024 Date of orders: 06 March 2024 Decision date: 06 March 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-2023/75 and rely upon the amended plans referred to in condition 2 at Annexure A. (2) The appeal is upheld. (3) Consent is granted to Development Application DA-2023/75 (as amended) for demolition of existing structures and construction of a new dwelling house, car parking, swimming pool, tree removal and replanting, and associated works at 31 Willis Road, Castle Cove, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – single dwelling house – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34AA Environmental Planning and Assessment Regulation 2021, ss 27, 38 State Environmental Planning Policy (BASIX Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Willoughby Local Environmental Plan 2012, cll 2.3, 2.7, 5.10, 6.1, 6.2 Category: Principal judgment Parties: Simon Ochudzawa (Applicant) Willoughby City Council (Respondent) Representation: Counsel: S Berveling (Applicant) J Walker (Solicitor) (Respondent)