Wilbec Chatswood Pty Ltd v Willoughby City Council [2024] NSWLEC 1234

Land and Environment Court New South Wales

Medium Neutral Citation: Wilbec Chatswood Pty Ltd v Willoughby City Council [2024] NSWLEC 1234 Hearing dates: 13-15 February 2024, final submissions 6 March 2024 Date of orders: 03 May 2024 Decision date: 03 May 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court directs that: 1) The parties are to prepare final settled conditions of consent, consistent with the findings in this judgment, and to file these by no later than 15 May 2024; 2) With completion of the direction at (1) above, final orders will be made granting development consent; 3) Liberty to restore is available in the usual way. Catchwords: DEVELOPMENT APPLICATION – mixed use development – savings provisions retain previous controls in area identified for significant increases in density – how to understand desired future character – implications of letter of offer to enter a planning agreement relating to affordable housing – building height contravention – floor space ratio contravention Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.17, 7.4, 7.7, 8.7 Land and Environment Court Act 1979, s 39 Willoughby Local Environmental Plan 2012, cll 1.8A, 4.3, 4.4, 4.6, 6.7, 6.8, 6.23 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Cranbrook School v Woollahra Municipal Council (2005) 144 LGERA 21; [2005] NSWLEC 716 Cranbrook School v Woollahra Council (2006) 146 LGERA 313; [2006] NSWCA 155; 66 NSWLR 379 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 IPM Holdings Pty Ltd v Council of the City of Sydney [2020] NSWLEC 1593 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Progress & Securities Building Pty Limited v Burwood Council & Anor (No 2) (2008) 158 LGERA 102; [2008] NSWLEC 135 Stokes v Waverley Council (No 2) (2019) 242 LGERA 392; [2019] NSWLEC 174 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Texts Cited: Apartment Design Guidelines 2015 Willoughby Development Control Plan 2006 Category: Principal judgment Parties: Wilbec Chatswood Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) M Wright SC (Respondent)