Toppings Pty Ltd v Willoughby City Council [2024] NSWLEC 1843

Land and Environment Court New South Wales

Medium Neutral Citation: Toppings Pty Ltd v Willoughby City Council [2024] NSWLEC 1843 Hearing dates: Conciliation conference on 11 July 2024 Date of orders: 24 December 2024 Decision date: 24 December 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent DA-2017/467 is modified in the terms set out in Annexure A. (3) Development Consent DA-2017/467 (as modified) is subject to the conditions set out in Annexure B. Catchwords: APPEAL – modification application – increase in floor to floor ceiling height – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 100, 102, 113 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A s 8 State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development Willoughby Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 4.16, 4.17,6.2, 6.10 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Willoughby Community Participation Plan 2021 Category: Principal judgment Parties: Toppings Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) B Gallifuoco (Respondent)