Colonial State Properties Pty Ltd v Willoughby City Council [2005] NSWLEC 678

Land and Environment Court of New South Wales

CITATION : Colonial State Properties Pty Ltd v Willoughby City Council [2005] NSWLEC 678

APPLICANT Colonial State Properties Pty Limited

PARTIES : RESPONDENT Willoughby City Council

FILE NUMBER(S) : 10749 of 2005

CORAM: Tuor C

Development Application :- Residential Flat Building Impact on adjoining property SEPP 1 objection floor space ratio KEY ISSUES: whether site area includes land zoned for road reservation

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 1 Willoughby Local Environmental Plan

DATES OF HEARING: 21/11/2005 EX TEMPORE JUDGMENT DATE : 11/21/2005

APPLICANT Mr S. Kondilios, solicitor of Maddocks

LEGAL REPRESENTATIVES: RESPONDENT Mr A. M. Pickles, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

21 November 2005

10749 of 2005 Colonial State Properties Pty Limited v Willoughby City Council

JUDGMENT 1 This matter comes before the Court as consent orders between Colonial State Properties Pty Limited and Willoughby City Council (the council). The appeal is in relation to the refusal by the council of a development application for a residential flat building at 110 Victoria Avenue, Chatswood (the site). 2 In accordance with the Court's Practice Direction 23, the opportunity is provided for any person who has objected to the proposal to seek leave to be heard in the Court's consideration of a request for consent orders. In this regard I heard evidence on site from Mr Curran of Unit 2, 7-13 Kooringa Road, Chatswood. Mr Curran's main concerns was the impact on solar access to his open space. 3 Willoughby Development Control Plan 15 (DCP 15) provides that a minimum of three hours solar access should be maintained between 9 and 3 in midwinter to north facing windows and living areas and the principal portion of recreational open space. Ms Laidlaw, the Court appointed planning expert's evidence was that this control was met. She considered the terrace area off the living room to be the principal portion of open space to Unit 2, which would maintain solar access from midday onwards in midwinter.