Maygood Australia Pty Ltd v Willoughby City Council [2014] NSWLEC 1060

Land and Environment Court New South Wales

Medium Neutral Citation: Maygood Australia Pty Ltd v Willoughby City Council [2014] NSWLEC 1060 Hearing dates: 17-18 March 2014 Decision date: 07 April 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 501/2013 for alterations and additions including an additional level, to an approved residential flat building is approved, subject to the condition of consent in Annexure A. 3. The exhibits, other than exhibits 2, 3 and B, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an approved residential flat building; whether contravention of the FSR development standard is justified. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Maygood Australia Pty Ltd v Willoughby City Council (No 2) [2013] NSWLEC 1205 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 Veloshin v Randwick Council [2007] NSWLEC 428 Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Maygood Australia Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Mr P. Tomasetti SC (Applicant) Ms M. Carpenter Barrister (Respondent) D. C. Balog & Associates (Applicant) King & Wood Mallesons (Respondent) File Number(s): 10022 of 2014