Wren Investments Pty Ltd v Willoughby City Council [2006] NSWLEC 542

Land and Environment Court of New South Wales

CITATION : Wren Investments Pty Ltd v Willoughby City Council [2006] NSWLEC 542

APPLICANT Wren Investments Pty Limited PARTIES : RESPONDENT Willoughby City Council

FILE NUMBER(S) : 11101 of 2005

CORAM: Brown C

KEY ISSUES: Appeal :- demolition of existing improvements, construction of a development for older people or people with a disability, bulk and scale and visual privacy.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Willoughby Local Environmental Plan 1995 State Environmental Planning Policy Seniors Living State Environmental Planning Policy No. 5

DATES OF HEARING: 17/07/2006 and 18/07/2006

DATE OF JUDGMENT: 08/23/2006

APPLICANT Mr J. Hones, solicitor SOLICITORS Hones Lawyers

LEGAL REPRESENTATIVES: RESPONDENT Mr M. Henry, barrister SOLICITORS Malleson Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

23 August 2006

11101 of 2005 Wren Investments Pty Limited v Willoughby City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA 2003/1269 by Willoughby City Council (the council) for the demolition of all existing improvements and the construction of a housing development for older people or people with a disability at 401A and 403 Mowbray Road, Chatswood (the site). The site 2 The site comprises two lots; being lot 2 in DP530366 and lot 100 in DP88721. The lots have a combined frontage of 21.03 m to Mowbray Road and a total site area of 2850 sq m. The site is T-shaped with the rear portion containing a number of mature trees. The narrower front portion of the site has a moderate fall to the centre of the site of approximately 3 m, while the rear portion slopes considerably to the north west corner with a fall of over 10 m.