MacKenzie Architects Pty Ltd v Willoughby Council [2010] NSWLEC 1280

Land and Environment Court of New South Wales

CITATION : MacKenzie Architects Pty Ltd v Willoughby Council [2010] NSWLEC 1280

APPLICANT MacKenzie Architects Pty Ltd PARTIES : RESPONDENT Willoughby Council

FILE NUMBER(S) : 10255 of 2010

CORAM: Morris C

KEY ISSUES: DEVELOPMENT APPLICATION - DEVELOPMENT STANDARDS - HERITAGE :-

Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 19 – Bushland in Urban Areas LEGISLATION CITED: Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Willoughby Local Environmental Plan 1995 State Environmental Planning Policy No 1-Development Standards

CASES CITED: Winten Property Group North Sydney Council [2001] NSWLEC 46

DATES OF HEARING: 11-13 October 2010

DATE OF JUDGMENT: 20 October 2010

APPLICANT Mr M Fraser, barrister SOLICITOR Gil Baron, Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Ms H Irish, barrister SOLICITOR Mallesons Stephen Jaques

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Morris C.

20 October 2010

10255 of 2010 MacKenzie Architects Pty Ltd v Willoughby Council

JUDGMENT 1 Commissioner: This is an appeal against the refusal by Willoughby Council (the council) of a development application that proposed the construction of a multi-level dwelling house, driveway and swimming pool at No 95 The Bulwark, Castlecrag (the site). 2 The main issues in the matter are the size, bulk and scale of the proposed dwelling, whether compliance with the height control is unreasonable and unnecessary and the impact of the development on the Griffin heritage conservation area.