Bluebank Properties Pty Limited v Willoughby City Council [2009] NSWLEC 1287

Land and Environment Court of New South Wales

CITATION : Bluebank Properties Pty Limited v Willoughby City Council [2009] NSWLEC 1287

APPLICANT Bluebank Properties Pty Limited PARTIES : RESPONDENT Willoughby City Council

FILE NUMBER(S) : 10036 of 2009

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of an existing dwelling and other site improvements and the construction of two dwellings - SEPP 1 objection to height standard - bulk/scale - view loss - overshadowing - excavation

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Willoughby Local Plan 1995 State Environmental Planning Policy No 1 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

DATES OF HEARING: 27, 28 July 2009

EX TEMPORE JUDGMENT DATE : 29 July 2009

APPLICANT Mr G Newport, barrister 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

29 July 2009

10036 of 2009 Bluebank Properties Pty Limited v Willoughby City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA No. 824/2008 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 a boundary between the lots running in an east-west direction approximately through the centre of the site.