Willoughby Road Pty Ltd v Willoughby City Council [2024] NSWLEC 1513

Land and Environment Court New South Wales

Medium Neutral Citation: Willoughby Road Pty Ltd v Willoughby City Council [2024] NSWLEC 1513 Hearing dates: Conciliation conference on 4 June 2024, 10 July 2024, 12 July 2024 and 31 July 2024. Date of orders: 27 August 2024 Decision date: 27 August 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away at the agreed quantum of $3,800 within 28 days of these orders pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application No. DA-2023/263 for demolition of existing structures, slabs and ancillary features on site and construction of a five (5) storey shop top housing development with ground level retail, basement parking, landscaping, strata subdivision and associated works at 539 Willoughby Road, Willoughby is granted consent subject to conditions in Annexure A. (4) The Applicant is to file the plans and documents referred to in paragraph [1] of Annexure A within seven days. Catchwords: DEVELOPMENT APPLICATION] – shop to housing - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.11, 8.15 Land and Environment Court Act 1979, ss 17, 34 Environmental Planning and Assessment Regulation 2021, Sch 7, ss 23, 24, 29, 61 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, 4, 6, Sch 2, ss 2.6, 4.4, 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Willoughby Local Environmental Plan 2012 cll 2.3, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.3, 6.7, 6.23 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 365 ALR 86; [2018] NSWCA 245 Initial Action Pty Limited v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 SJD DB2 v Woollahra Municipal Council [2020] NSWLEC 1112 Wehbe v Pittwater Council [2007] NSWLEC 82 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Willoughby Road Pty Ltd ACN 649 828 286 (Applicant) Willoughby City Council ABN 47 974 826 099 (Respondent) Representation: Counsel: A Whealy (Solicitor) and K Garnock (Solicitor) respectively (Applicant) J Marsland (Solicitor) (Respondent)