Rahmani v Willoughby City Council [2024] NSWLEC 1114

Land and Environment Court New South Wales

Medium Neutral Citation: Rahmani v Willoughby City Council [2024] NSWLEC 1114 Hearing dates: Conciliation Conference on 19 and 26 February 2024 Date of orders: 14 March 2024 Decision date: 14 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 2023/27 for demolition of existing dwelling and associated structures and construction of new dwelling house, with basement, swimming pool and associated landscape works at 36 Headland Road, Castle Cove, NSW 2069 known as Lot 16 in DP 30284, subject to conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – construction new dwelling house basement parking and pool – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34AA Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Sustainable Buildings) 2022 Willoughby Local Environmental Plan 2012 cll 4.3, 4.4, 4.4A, 4.6, 6.1, 6.2 Texts Cited: Willoughby Community Participation Plan Willoughby Development Control Plan 2006 Willoughby Development Control Plan 2023 Category: Principal judgment Parties: Esan Rahmani (Applicant) Willoughby City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) B Dyer (Solicitor) (Respondent)