Maygood Australia Pty Ltd v Willoughby City Council (No 2) [2013] NSWLEC 1205

Land and Environment Court New South Wales

Medium Neutral Citation: Maygood Australia Pty Ltd v Willoughby City Council (No 2) [2013] NSWLEC 1205 Hearing dates: Written submissions filed on 23 September 2013 and written submissions in reply filed on 24 September 2013. Decision date: 30 October 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. Remitted to consider an error of law. Whether SEPP 1 objections to height and floor space ratio are well founded. 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: Alamdo Holdings Pty Limited v The Hills Shire Council [2012] NSWLEC 1302 Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Maygood Australia Pty Ltd v Willoughby City Council [2008] NSWLEC 1507 Maygood Australia Pty Ltd v Willoughby City Council [2010] NSWLEC 1337 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Terrace Tower Holdings Pty Limited v Sutherland Shire Council 2003 NSWCA 289 Wehbe v Pittwater Council [2007] NSWLEC 827, Category: Principal judgment Parties: Maygood Australia Pty Ltd (Applicant)