Liu v Willoughby City Council [2025] NSWLEC 1048

Land and Environment Court New South Wales

Medium Neutral Citation: Liu v Willoughby City Council [2025] NSWLEC 1048 Hearing dates: Conciliation conference on 10 and 11 December 2024 Date of orders: 30 January 2025 Decision date: 30 January 2025 Jurisdiction: Class 1 Before: Nichols AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA-2023/309 as amended, for the construction of a dwelling, garage, swimming pool, landscaping and associated works, including demolition of the existing dwelling, at 40 Lower Cliff Avenue, Northbridge (Lot 13, Section 2, DP14572) is determined by the grant of development consent subject to the conditions included at Annexure A. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the Development Application, as agreed or assessed. Catchwords: APPEAL – development application – dwelling – conciliation conference – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 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 SEPP) 2021, Pt 6.2 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6, Ch 4 Willoughby Local Environmental Plan 2012, cll 2.3, 2.7, 4.3, 4.4, 4.4AA, 4.5, 6.1, 6.2, 6.3, 6.4 Texts Cited: Willoughby Development Control Plan 2012 Category: Principal judgment Parties: Yang Liu (First Applicant) Willoughby City Council (Respondent) Representation: Counsel: H Kahagalle (Solicitor) (Applicant) G Christmas (Solicitor) (Respondent)