Bastas Architects v Willoughby City Council [2008] NSWLEC 1360

Land and Environment Court of New South Wales

CITATION : Bastas Architects v Willoughby City Council [2008] NSWLEC 1360

APPLICANT Bastas Architects PARTIES : RESPONDENT Willoughby City Council

FILE NUMBER(S) : 10326 of 2008

CORAM: Hoffman C

KEY ISSUES: Development Application :- Deemed refusal, heritage conservation area, site adjoining one heritage item and near 2 others, special characteristics of conservation area and heritage items, view loss, non-compliance with building height planes and wall articulation.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Willoughby Local Environmental Plan 1995 Willoughby Development Control Plan Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

CASES CITED: Tenacity Consulting v Warringah Council [2004] NSWLEC 140

DATES OF HEARING: 29/07/2008, 30/07/2008 and 31/07/2008

DATE OF JUDGMENT: 4 September 2008

APPLICANT Mr C. Shaw, solicitor of Shaw, Reynolds, Bowen and Gerathy

LEGAL REPRESENTATIVES: RESPONDENT Ms H. Irish, barrister Instructed by S. Puckeridge of Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

4 September 2008

10326 of 2008 Bastas Architects v Willoughby City Council.

JUDGMENT 1 Commissioner: This is a class 1 appeal No. 10326 of 2008 between Bastas Architects and Willoughby City Council in regard to a deemed refusal to demolish an existing house and build a new one at No. 14 Rockley Street, Castlecrag. Rockley Street runs down parallel to and near the ridge of a spur in the topography that ends at Mowbray Point in Sailors Bay, Middle Harbour.