NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 1257 Hearing dates: 20 and 21 May 2013 Decision date: 18 July 2013 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for alterations and additions to an approved residential flat building, including an additional upper level (Level 10), at 31-35 Devonshire Street, Chatswood, is refused. 3. The exhibits, except Exhibit 2, may be returned. Catchwords: DEVELOPMENT APPLICATION - alterations and additions to an approved residential flat building. Whether SEPP 1 objections to height and floor space ratio are well founded. Weight to be given to Willoughby Local Environmental Plan 2012. Legislation Cited: Environmental Planning and Assessment 1979 State Environmental Planning Policy No 1 - Development Standards Willoughby Local Environmental Plan 1995 Willoughby Local Environmental Plan 2012 Cases Cited: Abret Pty Limited v Wingecarribee Shire Council [2009] NSWLEC 132 Maygood Australia Pty Ltd v Willoughby City Council [2008] NSWLEC 1507 Maygood Australia Pty Ltd v Willoughby City Council [2010] NSWLEC 1337 Terrace Tower Holdings Pty Limited v Sutherland Shire Council 2003 NSWCA 289 Wang and Anor v Canterbury City Council [2013] NSWLEC 1098 Category: Principal judgment Parties: Maygood Australia Pty Ltd (Applicant)
Willoughby City Council (Respondent) Representation: Mr P Tomasetti SC (Applicant)
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