Wang v Willoughby City Council [2012] NSWLEC 1328

Land and Environment Court New South Wales

Medium Neutral Citation: Wang v Willoughby City Council [2012] NSWLEC 1328 Hearing dates: 21 November 2012 Decision date: 29 November 2012 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION; Condition of consent prohibiting construction of a secondary dwelling; impacts on trees; suitability of site Legislation Cited: Environment protection and Biodiversity Conservation Act 1999 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Threatened Species Conservation Act 1995 Willoughby Local Environmental Plan 1995 Cases Cited: Pafburn v North Sydney Council [2005] NSWLEC 444 Super Studio v Waverley Council [2004] NSWLEC 91 Category: Principal judgment Parties: Mr Ji Liang Wang (Applicant) Willoughby City Council (Respondent) Representation: Applicant: Mr Ji Liang Wang (Litigant in person) Respondent: Ms M Carpenter (Barrister) Respondent: Kind & Wood Mallesons File Number(s): 10685 of 2012

Judgment 1COMMISSIONER: On 8 July 2011, Willoughby City Council granted consent to DA-2010/507/(W) for "Alterations and additions to existing dwelling and use of storage shed as a games room" on Lot C DP 962261 otherwise known as 13 The Crescent Chatswood. 2Condition 3 of that consent (Secondary Dwelling Not Approved) stated: The secondary dwelling (labelled "proposed granny flat" on the approved plans) and that part of the pathway (Labelled "ramp") past the fibro storage building are not approved under this Consent. (Reason: Landscape quality in relation to likely excavation damage to the root system of the Sydney Red Gum (Angophora costata) being tree T14 as detailed in the Tree Report prepared by Lanscope Tree Valuation Services, dates 6 August 2010; visual amenity and site suitability) 3The applicant is appealing against this condition of consent and seeks the approval of the secondary dwelling as shown on the plans approved by council. The appeal is made pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the Act). 4The matter commenced as a mandatory conciliation under s 34AA of the Land and Environment Court Act 1979. As no agreement was reached, the conciliation was terminated and the matter proceeded immediately to a hearing (s 34AA(2)(b)(i)).