MPG Investments Pty Ltd v Willoughby City Council [2017] NSWLEC 1442

Land and Environment Court New South Wales

Medium Neutral Citation: MPG Investments Pty Ltd v Willoughby City Council [2017] NSWLEC 1442 Hearing dates: 7-8 August 2017 Date of orders: 17 August 2017 Decision date: 17 August 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: (1) The appeal is dismissed. (2) Development Application No. 2016/280 for the demolition of existing structures and construction of a six storey residential flat building, with rooftop terraces and two levels of basement parking, is refused. (3) The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: residential flat building; existing use rights to be abandoned; non-compliance with height of buildings and floor space ratio development standards. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Cracknell & Lonergan Architects Pty Ltd v Leichhardt Municipal Council 193 LGERA 151 Texts Cited: Nil Category: Principal judgment Parties: MPG Investments Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: Mr A Galasso SC with Mr S. Nash barrister (Applicant) Ms K. Gerathy solicitor (Respondent)

Solicitors: Project Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/383215 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 2016/280 for the demolition of existing structures and construction of a six storey residential flat building with two levels of basement parking and rooftop terraces (the proposal) at 155-161 Willoughby Road, Naremburn (the site) by Willoughby Council (the Council). 2. The appeal was subject to mandatory conciliation on 7 April 2017, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached the conciliation conference was terminated, pursuant to s 34(4) of the LEC Act. Leave was granted by the Court on 24 May 2017 for the applicant to rely on an amended proposal.