APlus Architecture Pty Ltd v Willoughby City Council [2024] NSWLEC 1515

Land and Environment Court New South Wales

Medium Neutral Citation: APlus Architecture Pty Ltd v Willoughby City Council [2024] NSWLEC 1515 Hearing dates: Conciliation conference on 19 February and 13 August 2024 Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Modification Application DA-2022/95 and rely upon the amended plans and documents referred to at Condition 2 of Annexure A. (2) Development Consent DA-2022/95 is modified subject to the conditions of consent set out at Annexure A. Development Consent DA-2022/95 (as modified) is subject to the consolidated conditions of consent set out at Annexure B. Catchwords: MODIFICATION APPLICATION – mixed-use development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 98, 100, 102, 113 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Transport and Infrastructure) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Willoughby Local Environmental Plan 2012, cl 5.21 Cases Cited: APlus Architecture Pty Ltd trading as APlus Design Group v Willoughby City Council [2023] NSWLEC 1273 UT 282 Victoria Pty Ltd v Willoughby City Council [2020] NSWLEC 1387 Texts Cited: NSW Department of Planning, Apartment Design Guide (2015) Category: Principal judgment Parties: APlus Architecture Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: J Reid (Applicant) P Shumack (Solicitor) (Respondent)