Freedom Development Group v Willoughby City Council [2020] NSWLEC 1037

Land and Environment Court New South Wales

Medium Neutral Citation: Freedom Development Group v Willoughby City Council [2020] NSWLEC 1037 Hearing dates: 28-29 November 2019; written submissions 9, 19, 20 December 2019 Date of orders: 28 January 2020 Decision date: 28 January 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The Court notes that the Applicant was granted leave to rely on amended plan and material during the hearing of the matter on 28-29 November 2019. (2) That the Applicant is to pay the Respondent's costs thrown away as a result of the grant of leave in (1) for the period 5 July 2019 to 29 December 2019 (inclusive). (3) The appeal is dismissed. (4) Development Application No. 2018/191 for the construction of a 31 room boarding house at 16 Warners Avenue, Willoughby (Lot 13 DP 35206) is refused. (5) Exhibits are returned with the exception of Exhibits 3, 4, A and B. Catchwords: DEVELOPMENT APPLICATION : Proposed boarding house – amended plans – impact on adjoining neighbours – acoustic impacts – costs- public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy 55 – Remediation of Land State Environmental Planning Policy (Affordable Rental Housing) 2004 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Willoughby Development Control Plan 2016 Willoughby Local Environmental Plan 2012 Cases Cited: Al Ali v Canterbury Bankstown Council [2019] NSWLEC 1115 Cachia v Manly Council (No. 2) [2009] NSWLEC 1107 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153 Gow v Warringah Council [2013] NSWLEC 1093 Groeneveld v Wollongong City Council [2009] NSWLEC 149 Moscaritolo and Anor v The Hills Shire Council [2013] NSWLEC 1014 Prillis v Marrickville Council [2012] NSWLEC 1348 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Weal v Bathurst City Council & Anor [2000] NSWCA 88 Texts Cited: Noise Guide for Local Government Category: Principal judgment Parties: Freedom Development Group (Applicant) Willoughby City Council (Respondent) Representation: Counsel: R O'Gorman Hughes (Applicant)