Wilbec Chatswood Pty Ltd v Willoughby City Council (No 2) [2024] NSWLEC 1263

Land and Environment Court New South Wales

Medium Neutral Citation: Wilbec Chatswood Pty Ltd v Willoughby City Council (No 2) [2024] NSWLEC 1263 Hearing dates: 13-15 February 2024, final submissions on conditions filed 14 May 2024 Date of orders: 17 May 2024 Decision date: 17 May 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The applicant's written request under clause 4.6 of Willoughby Local Environmental Plan 2012, as applicable, relating to a contravention of the development standard for maximum height of buildings is upheld. (2) The applicant's written request under clause 4.6 of Willoughby Local Environmental Plan 2012, as applicable, relating to a contravention of the development standard for floor space ratio is upheld. (3) The appeal is upheld. (4) Development Application No. DA-2022/240 for demolition of the existing 4-storey residential flat building on a site at 42 Archer Street, Chatswood, and construction of a 26-storey mixed use building comprising community facility uses and 42 residential units (21 x 2 bed; 20 x 3 bed; 1 x 5 bed) over four levels of basement parking is approved subject to the conditions at Annexure A. (5) The exhibits are returned except for Exhibits 1, A, B, D, E and J, which are retained. Catchwords: APPEAL – development application – mixed use development – conditions of consent finalised – final orders made Cases Cited: Wilbec Chatswood Pty Ltd v Willoughby City Council [2024] NSWLEC 1234 Category: Principal judgment Parties: Wilbec Chatswood Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) M Wright SC (Respondent)