MH Architects Pty Ltd v Willoughby City Council [2024] NSWLEC 1430

Land and Environment Court New South Wales

Medium Neutral Citation: MH Architects Pty Ltd v Willoughby City Council [2024] NSWLEC 1430 Hearing dates: Conciliation Conference 19, 20 June 2024 Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders: (1) The appeal is upheld; (2) Development consent is granted to Development Application No DA 2023/137 for alterations and additions to existing dwelling at 61 Neerim Road, Castle Cove, NSW 2069, known as Lot 236 in DP 30581, subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions dwelling house – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.7, 10.3 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021 Willoughby Local Environmental Plan 2012, cll 4.4A, 4.6 Texts Cited: NSW Rural Fire Service, Planning for Bush Fire Protection, November 2019 Category: Principal judgment Parties: MH Architects Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: R White (Applicant) J Marsland (Solicitor)(Respondent)