Screnci & Anor v Willoughby City Council [2015] NSWLEC 1543

Land and Environment Court New South Wales

Medium Neutral Citation: Screnci & Anor v Willoughby City Council [2015] NSWLEC 1543 Hearing dates: 9, 10 October, 20 November 2014; 11 February, 2, 12 March 2015; written submissions 18 December 2015 Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction: Class 1 Before: Pearson C Decision: 1. The Applicants' request made pursuant to clause 4.6 of Willoughby Local Environmental Plan 2012 in respect to clause 4.4 of Willoughby Local Environmental Plan 2012 is upheld. 2. The appeal is upheld. 3. Development Application No.20141324 lodged with the Respondent on 31 July 2014 for alterations of subfloor for provision of a pantry, home theatre, corridor and relocation of powder room at Lot 29 DP12633 known as 57 Minimbah Road, Northbridge is approved, subject to conditions set out in Annexure A. Catchwords: CONSENT ORDERS: Internal alterations of subfloor – Development application – Building certificate issued – Floor space ratio - Development standard Legislation Cited: Environmental Planning and Assessment Act 1979 Willoughby Local Environmental Plan 2012 Cases Cited: Screnci & Anor v Willoughby City Council [2015] NSWLEC 1256 Screnci & Anor v Willoughby City Council [2015] NSWLEC 1444 Category: Principal judgment Parties: Joseph Screnci (First Applicant) Paula Screnci (Second Applicant) Willoughby City Council (Respondent) Representation: Counsel: Mr P Larkin SC (Applicants) Mr J Johnson (Respondent)