Polytec Australia Three Pty Ltd v Willoughby City Council [2024] NSWLEC 1587

Land and Environment Court New South Wales

Medium Neutral Citation: Polytec Australia Three Pty Ltd v Willoughby City Council [2024] NSWLEC 1587 Hearing dates: Conciliation Conference on 10 May, 17 July and 26 July 2024 Date of orders: 24 September 2024 Decision date: 24 September 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-2023/176 for demolition of the existing structures and construction of a six-storey shop top housing development comprising of a commercial premises, a retail premises and 26 residential units over three levels of basement car parking at 688-692 Pacific Highway, Chatswood NSW 2067, is determined by a grant of consent, subject to conditions contained in Annexure 'A'. (3) The Applicant is to pay the Respondent's costs thrown away as a result of the amended Development Application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPEAL – demolition of derelict commercial building – construction new shop top housing development – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 138 Water Management Act 2000, s 91 Environmental Planning and Assessment Regulation 2021, s 38 Standard Instrument—Principal Local Environmental Plan 2006 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021 Willoughby Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.4A, 5.10, 6.2, 6.3, 6.7, 6.8, 6.23, Sch 1, cl 14 Category: Principal judgment Parties: Polytec Australia Three Pty Ltd ACN 654 595 954 (Applicant) Willoughby City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) JP Merlino (Solicitor) (Respondent)