Randall Pty Ltd v Willoughby City Council [2004] NSWLEC 98

Land and Environment Court of New South Wales

CITATION : Randall Pty Ltd v Willoughby City Council [2004] NSWLEC 98 revised - 20/05/2004 APPLICANT Randall Pty Ltd PARTIES : RESPONDENT Willoughby City Council FILE NUMBER(S) : 11226 of 2003; 10071 of 2004 CORAM: Bly C KEY ISSUES: Development Consent :- Modification of development consent - carparking associated with mixed use development LEGISLATION CITED: Environmental Planning and Assessment Act s 96 CASES CITED: DATES OF HEARING: 18-19/02/2004 DATE OF JUDGMENT: 03/19/2004

APPLICANT Mr P Clay, barrister SOLICITORS Maloney Lawyers

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

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11226 of 2003 and 10071 of 2004 Bly C 19 March 2004 Randall Pty Ltd Applicant

v Willoughby City Council Respondent Judgment

Introduction

1. These two appeals under s 96 of the Environmental Planning and Assessment Act 1979 ("the EP&A Act) are to modify existing Development Consent No. 1996/0643 ("the consent") for the multi storey mixed use development with associated basement carparking, at 24 Anderson Street, Chatswood. The applications are to amend or supplement existing condition 41 in relation to the use of the carpark.

2. Condition 41 specifies the number of carparking spaces to be provided on the site and how they are to be allocated. It also requires the preparation of a car-parking plan of management which, inter alia, provides for a schedule of fees for the use of the carpark. Such fees are required to be commensurate with other similar carparks in the Chatswood Town Centre. The now approved Plan of Management requires in effect that certain parking spaces are to be operated on a public parking station basis with the scale of fees including the "first two hours free".