Aplus Architecture Pty Ltd v Willoughby City Council [2024] NSWLEC 1292

Land and Environment Court New South Wales

Medium Neutral Citation: Aplus Architecture Pty Ltd v Willoughby City Council [2024] NSWLEC 1292 Hearing dates: Conciliation conference held 29 April and 17 May 2024 Date of orders: 05 June 2024 Decision date: 05 June 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-2023/182 and rely upon the amended plans and documents referred to in condition 1 at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $2,000 within 28 days of the date of these orders. (3) The Applicant's written request, pursuant to cl 4.6 of the Willoughby Local Environmental Plan 2012 (WLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the WLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA-2023/182 (as amended) for the adaptive reuse of existing building, addition of new lift core, modernisation of shopfront, amalgamation of 6 shops into 2 larger spaces and refurbishment of external design to revitalise street front at 272 Victoria Avenue, Chatswood, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – commercial building – cl 4.6 written request – height of buildings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 37 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 Willoughby Local Environmental Plan 2012, cll 2.3, 4.3, 4.6 Texts Cited: NSW Department of Planning and Environment, Planning Circular PS 20-002, May 2020 Category: Principal judgment Parties: Aplus Architecture Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: J Reid (Applicant) J Marsland (Solicitor) (Respondent)