BM Chatswood Pty Ltd v Willoughby City Council [2024] NSWLEC 1107

Land and Environment Court New South Wales

Medium Neutral Citation: BM Chatswood Pty Ltd v Willoughby City Council [2024] NSWLEC 1107 Hearing dates: 22-27 February 2024 Date of orders: 13 March 2024 Decision date: 13 March 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Court exercising the function of the consent authority, Willoughby City Council, pursuant to s 39(2) of the Land and Environment Court Act 1979, has agreed under s 38(1) of the Environmental Planning and Assessment Regulation 2021 to the applicant amending the development application DA 2022/308 by Notice of Motion and Exhibit MS-1. (2) The appeal is upheld. (3) Development Application No DA 2022/308 for the demolition of existing structures and the construction of two residential flat buildings, at 1A-29 Bowden Street and 12-18 Moriarty Road, Chatswood, is approved, subject to the conditions of consent at Annexure A. (4) The exhibits, other than Exhibits 1, A, B, C, D, E, F and K, are returned. Catchwords: DEVELOPMENT APPLICATION – two residential flat buildings and associated site works – development capable of being delivered in two stages – site is to be amalgamated prior to issue of occupation certificate for the first stage Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.22, 6.9, 8.7, 9.34 Land and Environment Court Act 1979 ss 34, 39 Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 s 53 Environmental Planning and Assessment Regulation 2021 cl 38 Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, Pt 4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.3, 6.1 State Environmental Planning Policy (Housing) 2021, Ch 4, Sch 7A cl 8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) s 2.122 Willoughby Local Environmental Plan 2012, cll, 4.3, 4.4, 6.2, 6.8, 6.10, 6.23 Cases Cited: Newbury District Council v Secretary of State for the Environment [1981] AC 578 Texts Cited: Willoughby Development Control Plan 2023 Category: Principal judgment Parties: BM Chatswood Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) J Walker (Solicitor) (Respondent)