Ausling v Willoughby City Council [2015] NSWLEC 1226

Land and Environment Court New South Wales

Medium Neutral Citation: Ausling v Willoughby City Council [2015] NSWLEC 1226 Hearing dates: 18 and 19 June 2015 Date of orders: 24 June 2015 Decision date: 24 June 2015 Jurisdiction: Class 1 Before: Moore SC Decision: 1. Having, during the course of the proceedings, twice granted leave to the applicant to rely on further amended plans and it being the agreed position of the parties that these further amendments were not minor, pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs in the agreed sum of $1.00 (one dollar); 2. The appeal is dismissed; 3. Development Application 2013/544 for the demolition of the existing dwelling at 26 Kendall Road, Castle Cove, and the erection of a five apartment development pursuant to State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 is determined by the refusal of development consent; and 4. The exhibits, other than Exhibits 1, 10 and J, are returned. Catchwords: DEVERLOPMENT APPLICATION: solar access; floor space ratio exceedence; privacy Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Willoughby Local Environmental Plan 2012 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226; (2009) 172 LGERA 338 Manzie v Willoughby City Council [1996] NSWLEC 26 Super Studio v Waverley [2004] NSWLEC 91 Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 115 LGERA 373 Category: Principal judgment Parties: Damon Ausling (Applicant) Willoughby City Council Council (Respondent) Representation: Counsel: Mr G Green, solicitor (Applicant) Mr M Staunton, barrister (Respondent)