Archiworks Architects v Willoughby City Council [2005] NSWLEC 696

Land and Environment Court of New South Wales

CITATION : Archiworks Architects v Willoughby City Council [2005] NSWLEC 696

APPLICANT Archiworks Architects Pty Limited

PARTIES : RESPONDENT Willoughby City Council

FILE NUMBER(S) : 10692 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- construction of additional to create a dual occupancy - bushfire risk - bulk/scale - impact on bushland

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Willoughby Local Environmental Plan 1995

DATES OF HEARING: 21-22/11/2005 EX TEMPORE JUDGMENT DATE : 11/22/2005

APPLICANT Mr P. Clay, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr D. Miller, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

22 November 2005

10692 of 2005 Archiworks Architects Pty Limited v Willoughby City Council

JUDGMENT 1 This is an appeal against the refusal by Willoughby City Council (the council) of DA2004/28D for the erection of an additional dwelling to create a dual occupancy development at 37 Coolaroo Road, Lane Cove (the site).

2 The site comprises Lot 43 in DP14213. The irregularly shaped lot has a site area of 1090.5 sq m with a 25.23 m frontage to Coolaroo Road and a length of 54.8 m to Greenlands Road.

3 It is located on the north eastern corner of Coolaroo Road and Greenlands Road with bushland and a creek running along the rear of the property. Greenlands Road is unformed and adjoins a public footway that leads into the bushland reserve. The area is characterised by detached single and two storey 1950s and 1960s dwelling with several examples of infill residential development of later styles and rendering of face brick dwellings.