Novakovic v Willoughby City Council [2024] NSWLEC 1525

Land and Environment Court New South Wales

Medium Neutral Citation: Novakovic v Willoughby City Council [2024] NSWLEC 1525 Hearing dates: Conciliation conference on 13 and 14 August 2024 Date of orders: 28 August 2024 Decision date: 28 August 2024 Jurisdiction: Class 1 Before: Miller AC Decision: The orders of the Court are: (1) The appeal is upheld. (2) The Applicant's written request pursuant to cl 4.6 of the Willoughby Local Environmental Plan 2012, seeking a contravention of the height of building development standard set out in cl 4.3A, is upheld. (3) The Applicant's written request under cl 4.6 of the Willoughby Local Environmental Plan 2012, seeking a contravention of the floor space ratio development standard set out in cl 4.4, is upheld. (4) Development Application No. 2022/265 for demolition of the existing dwelling and construction of a new dwelling house, proposed deck above the mean high watermark, retention of existing boatshed, new swimming pool, landscaping, and associated works at 15 Minimbah Road, Northbridge, is determined by the grant of consent subject to the conditions contained in Annexure A. Catchwords: APPEAL – development application – dwelling house – breach of building height development standard – breach of floor space ratio development standard conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.6, 10.19, 10.21, 10.22, 10.23, Chs 2, 6, 10 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13, 4.6, Ch 2 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Willoughby Local Environmental Plan 2012, cll, 4.3A, 4.4, 4.6, 6.1, 6.2, 6.4 Category: Principal judgment Parties: Daniel Novakovic (First Applicant) Katherine Novakovic (Second Applicant) Willoughby City Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Ireland (Respondent)