Dale v Willoughby City Council [2024] NSWLEC 1779

Land and Environment Court New South Wales

Medium Neutral Citation: Dale v Willoughby City Council [2024] NSWLEC 1779 Hearing dates: Conciliation conference on 21 November 2024 Date of orders: 04 December 2024 Decision date: 04 December 2024 Jurisdiction: Class 1 Before: Miller AC Decision: The orders of the Court are: (1) Pursuant to s 38 of the Environmental Planning and Assessment Regulation 2021 (NSW), the Applicants are granted leave to amend development application DA-2023/262 to rely upon the amended plans contained at Annexure A. (2) The appeal is upheld. (3) Development Application No. DA-2023/262 for demolition and construction of front fence, sliding driveway and pedestrian gate, vehicle parking space, tree removal and landscaping and associated works at 14 Wyalong Street, Willoughby, is determined by the grant of consent subject to the conditions contained in Annexure A. Catchwords: APPEAL – development application – front fence and parking space – tree removal - 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 34AA, 34 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Willoughby Local Environmental Plan 2012, cll 2.7, 5.10, 6.1, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 2.6, Chs 2, 6 Category: Principal judgment Parties: Joshua Mark Dale (First Applicant) Laura Leigh Dale (Second Applicant) Willoughby City Council (Respondent) Representation: Counsel: R White (Applicant) T Poisel (Respondent)