Bluebank Properties v Willoughby City Council [2008] NSWLEC 1417

Land and Environment Court of New South Wales

CITATION : Bluebank Properties v Willoughby City Council [2008] NSWLEC 1417

APPLICANT Bluebank Properties Pty Ltd PARTIES : RESPONDENT Willoughby City Council

FILE NUMBER(S) : 10228 of 2008

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of an existing dwelling and other site improvements and the construction of two dwellings - breach of height requirement and SEPP 1 objection - breach of building height plane requirements - bulk, scale, character - amenity impacts - tree loss

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Willoughby Local Environmental Plan 1995 State Environmental Planning Policy No 1

CASES CITED: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46

DATES OF HEARING: 30/09/08, 01/10/08

EX TEMPORE JUDGMENT DATE : 2 October 2008

APPLICANT Mr J Doyle, solicitor SOLICITORS Doyles Construction Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms M Carpenter, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

2 October 2008

10228 of 2008 Bluebank Properties Pty Ltd v Willoughby City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA No. 19/2008 by Willoughby City Council (the council) for the demolition of an existing dwelling and other site improvements and the construction of two dwellings at 70 Sugarloaf Crescent, Castlecrag (the site). The site 2 The site is located on the eastern side of Sugarloaf Crescent and includes two allotments, being Lot 304 forming the northern part of the site and Lot 305 forming the southern part of the site. The lots are approximately of equal size with the boundary between the allotments, running along an east-west alignment in the centre of the site. The site is between approximately 111 m and 126 m in depth and around 12.2 m wide with each lot having a 6.095 m wide frontage to Sugarloaf Crescent. The combined width at the rear of the site is 50 m. There is a change of level within the site from the street frontage to the rear of approximately 48.5 metres. The site falls significantly from the front boundary at RL 53.7 to the foreshore building line at RL 34 m - 37.74 m, being the location of the proposed building envelope at the rear of the site. 3 There is an existing dwelling house on the site that spans both lots and is located toward the front of the site. There is a single garage forward of the dwelling house and located on the northern boundary. At the rear of the dwelling there are sandstone retaining walls. The site is well vegetated towards the rear and the locality is characterised by low-density residential development.