Stefanovic v Willoughby City Council [2024] NSWLEC 1104

Land and Environment Court New South Wales

Medium Neutral Citation: Stefanovic v Willoughby City Council [2024] NSWLEC 1104 Hearing dates: Conciliation Conference on 15 and 16 February 2024 Date of orders: 12 March 2024 Decision date: 12 March 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA-2023/78 for demolition of the existing dwelling and construction of a three-storey dwelling, pool and associated site works on land at 44 Sunnyside Crescent, Castlecrag NSW 2068, known as Lot 175 in Deposited Plan 13097, subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition – construction new dwelling house, pool and landscaping – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 10.3 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38, Sch 7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, 6 s 2.6, Pt 2.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Rural Fires Act 1997, s 100Q Willoughby Local Environmental Plan 2012, cll 4.4, 4.4A, 4.6, 6.2 Texts Cited: NSW Rural Fire Service, Planning for Bush Fire Protection, November 2019 Category: Principal judgment Parties: Jasmine Isabelle Stefanovic (Applicant) Willoughby City Council (Respondent) Representation: Counsel: R White (Applicant) M Harker (Respondent)