Simeonov v Willoughby City Council [2013] NSWLEC 1246

Land and Environment Court New South Wales

Medium Neutral Citation: Simeonov v Willoughby City Council [2013] NSWLEC 1246 Hearing dates: 3 December 2013 Decision date: 18 December 2013 Jurisdiction: Class 1 Before: Fakes C Decision: See paragraph [96] Catchwords: DEVELOPMENT APPLICATION: construction of detached dual occupancy; height, bulk and scale; solar access; view loss; privacy; carparking Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Willoughby Local Environmental Plan 2012 Cases Cited: Zhang v Canterbury Council [2001] NSWCA 167 Category: Principal judgment Parties: Elena Simeonov (Applicant) Willoughby City Council (Respondent) Representation: Applicant: Mr M Staunton (Barrister) Respondent: Mr N Eastman (Barrister) Applicant: HWL Ebsworth Lawyers Respondent: King & Wood Mallesons File Number(s): 10667 of 2013

Judgment 1COMMISSIONER: The applicant in these proceedings appeals Willoughby City Council's refusal of development application DA/2013/229 for the demolition of an existing dwelling and the construction of a detached dual occupancy and associated structures on Lot 45 DP8226E otherwise known as 78 Baroona Road, Northbridge. 2The appeal is made under s 97(1) of the Environmental Planning and Assessment Act 1979 (the Act). 3When the Class 1 application was filed with the Court in August 2013, the DA was a deemed refusal. Following the submitting of further amended plans and subsequent assessment by council, the proposal was recommended for refusal on 11 November 2013.