DPG Project 38 Pty Ltd v Willoughby City Council [2025] NSWLEC 1115

Land and Environment Court New South Wales

Medium Neutral Citation: DPG Project 38 Pty Ltd v Willoughby City Council [2025] NSWLEC 1115 Hearing dates: Conciliation conference held on 3 September, 29 October 2024 and 19 February 2025 Date of orders: 19 February 2025 Decision date: 19 February 2025 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The written requests prepared by JV Urban made pursuant to cl 4.6 of the Willoughby Local Environmental Plan 2012 (WLEP) seeking the grant of development consent in contravention of the development standards WLEP is upheld. (2) The Applicant is to pay the Respondent's costs as a consequence of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or as assessed. (3) The appeal is upheld. (4) The Development Application DA-2023/166 as amended is determined by the grant of consent for the following at 691-699 Pacific Highway, Chatswood, which is legally known as Lot 1 in DP 187216, Lot 1 in DP 952311 and Lot 2 in DP 952311 subject to the conditions contained at Annexure A: (a) a concept approval for demolition of existing buildings and construction of a 26 storey building with 4 basement levels; Stage 1 operational consent for the construction and use of 89 residential units comprising a mix of 16 x 1-bed; 26 x 2-bed; 45 x 3-bed and 2 x 4-bed and associated parking, through-site links for public use, drainage works and landscaping; and construction only of the remainder of areas marked "communal" in the basement, ground floor, Levels 1 and 2 and strata subdivision. Catchwords: APPEAL – Development application — Conciliation conference — Agreement between the parties — Orders Legislation Cited: Contaminated Land Management Act 1997 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Protection of the Environment Operations Act 1997 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 State Environmental Planning Policy 55 – Remediation of Land Willoughby Local Environment Plan 2012 (Amendment No. 34), cl 1.8A Willoughby Local Environmental Plan 2012, cll 2.3, 4.1, 4.3, 4.4, 4.6, 5.10, 5.21, 6.2, 6.8, 6.10, 6.23 Texts Cited: Willoughby Development Control Plan 2023 Category: Principal judgment Parties: DPG Project 38 Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) T To (Barrister) (Respondent)