Kim Chew v Willoughby City Council [2017] NSWLEC 1015

Land and Environment Court New South Wales

Medium Neutral Citation: Kim Chew v Willoughby City Council [2017] NSWLEC 1015 Hearing dates: 11 January 2017 Date of orders: 19 January 2017 Decision date: 19 January 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is upheld. 2. Development Application DA-2016/225 for a carport at 17 Hercules Street, Chatswood is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibits B, C and 3, are returned. Catchwords: DEVELOPMENT APPLICATION – carport forward of the building line; heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Willoughby Local Environmental Plan 2012 Category: Principal judgment Parties: Kim Chew (Applicant) Willoughby City Council (Respondent) Representation: Counsel: Ms L Saw (Applicant)

Solicitor: Mr K Webber, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2016/295188

Judgment 1. COMMISSIONER: This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal of a development application by Willoughby City Council (the Council), for the erection of a carport at 17 Hercules Street, Chatswood (the site). 2. The key issue associated with the appeal is that the carport is proposed within the front building setback area of a site situated within a Heritage Conservation Area.