NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Platino Properties Pty Ltd v Willoughby City Council [2013] NSWLEC 1066 Hearing dates: 18 April 2013 Decision date: 19 April 2013 Before: Tuor C Decision: 1. The applicant is granted leave to amend the application and rely on amended plans subject to an order for costs under s97B of the Environmental Planning and Assessment Act 1979 in the agreed sum of $10,000. 2. The appeal is upheld. 3. The development application to demolish an existing house and construct a three storey mixed use development comprising eleven residential units, commercial space on the ground floor level and basement car parking/storage area, at 60 Penshurst Street, Willoughby, is approved subject to the conditions in Annexure A. 4. The exhibits, except Exhibits 3 and A may be returned. Catchwords: DEVELOPMENT APPLICATION: Mixed use development. Contentions raised by council resolved through amended plans. Objector concerns, including impact on residential amenity of overlooking and overshadowing. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings Willoughby Local Environmental Plan 1995 Category: Principal judgment Parties: Platino Properties Pty Ltd (Applicant)
Willoughby City Council (Respondent) Representation: Counsel Mr M Staunton (Applicant)
Mr A Pickles (Respondent) Solicitors King & Wood Mallesons (Respondent) File Number(s): 10986 of 2012
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