Codling v Willoughby City Council [2005] NSWLEC 689

Land and Environment Court of New South Wales

CITATION : Codling v Willoughby City Council [2005] NSWLEC 689

APPLICANT J W Codling PARTIES : RESPONDENT Willoughby City Council

FILE NUMBER(S) : 11003 of 2005

CORAM: Moore C

Development Application - Subdivision :- KEY ISSUES: Consistency with zone objectives .

Environmental Planning and Assessment Act 1979 Willoughby Local Environmental Plan 1995 LEGISLATION CITED: Development Control Plan No 15 Multi-unit Residential Developments in Residential 2(b), 2(c) and 2(d) zones Development Control Plan No 16 Dwelling Houses, Dual Occupancy and Boarding Houses in Residential Zones .

Gillespies v Warringah Council [2002] 124 LGERA 147; CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373; .

DATES OF HEARING: 15 November 2005

DATE OF JUDGMENT: 11/30/2005

APPLICANT Mr D Wilson, barrister

LEGAL REPRESENTATIVES: RESPONDENT Ms H Irish, barrister INSTRUCTED BY Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

30 November 2005

05/11003 J W Codling v Willoughby City Council

The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but will be available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/