Ben Boyd Constructions Pty Ltd v Willoughby City Council

Land and Environment Court

of New South Wales

CITATION:

Ben Boyd Constructions Pty Ltd v Willoughby City Council [2006] NSWLEC 794

PARTIES:

APPLICANT
Ben Boyd Constructions Pty Limited

RESPONDENT
Willoughby City Council

INTERVENOR
Hagino Pty Ltd

FILE NUMBER(S):

10053 of 2006

CORAM:

Tuor C

KEY ISSUES:

Development Application :- demolish three existing houses and construct 12 townhouses with basement parking

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979
Willoughby Local Environmental Plan 1995
State Environmental Planning Policy No 1
State Environmental Planning Policy No 65

CASES CITED:

Melissa Grech v Auburn Council [2004] NSWLEC 40;
Cornerstone Property Group Pty Ltd v Warringah Council [2004] NSWLEC 189 ;
Karavellas v Sutherland Shire Council [2004] NSWLEC 251

DATES OF HEARING:

12/07/2006, 13/07/2006, 21/07/2006, 17/08/2006 and 01/09/2006

 
DATE OF JUDGMENT: 

12/22/2006

LEGAL REPRESENTATIVES:

APPLICANT
Mr G. McKee, solicitor
of McKees Legal Solutions

RESPONDENT
Ms H. Irish, barrister
Instructed by Ms L. Segal
of Mallesons Stephen Jaques

INTERVENOR
Ms S. Hill, solicitor
of Susan Hill & Associates

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Tuor C

22 December 2006

10063 of 2006 Ben Boyd Constructions Pty Ltd v Willoughby City Council

JUDGMENT

1 COMMISSIONER: This is an appeal against the refusal by Willoughby City Council (the council) of a development application (DA-2005/809) under the Environmental Planning and Assessment Act (EPA Act) to demolish the existing dwellings and construct twelve townhouses with underground parking at 57-61 Archer Street, Chatswood (the site).

2 For the reasons set out in this judgment, I have concluded that the appeal should be upheld and the application approved subject to conditions.

The site and its context

3 The site is located on the corner of Archer Street and Albert Avenue, Chatswood. It comprises three allotments being lots B and 1 DP 168608 (57 and 59 Archer Street) and lot 1 DP 518318 (61 Archer Street). Each allotment is developed with a detached house. The site has a frontage to both Albert Avenue and Archer Street of 45.72m and has a total area of 2090sqm.

4 The site is located immediately to the south of the Chatswood commercial area. The Chatswood Police Station and a commercial building are located on the opposite corners of Albert Avenue and Archer Street. Adjoining the site to the east is a single storey house on the corner of Albert Avenue and Bertram Street (34 Albert Avenue). Surrounding development to the east and south is generally one and two storey houses with some recent town house developments. Development to the west, on the opposite side of Archer Street, is a public car park and residential flat buildings.

The history of the proposal

5 The development application was lodged on 28 September 2005. It was notified and council received four submissions including an objection from Hagino Pty Ltd, the owner of 34 Albert Avenue, the intervenor in the appeal. The applicant lodged an appeal against council’s deemed refusal of the application on 25 January 2006. The applicant submitted amended plans on 8…