Jamison v Willoughby City Council - [2025] NSWLEC 1557

Land and Environment Court

New South Wales

Medium Neutral Citation: Jamison v Willoughby City Council [2025] NSWLEC 1557
Hearing dates: Conciliation conference on 6 and 28 May 2025, and 3 July 2025.
Date of orders: 05 August 2025
Decision date: 05 August 2025
Jurisdiction: Class 1
Before: Peatman AC
Decision:
The Court orders:
(1) The appeal is upheld.
(2) The Applicant’s amended written request under cl 4.6 of Willoughby Local Environmental Plan 2012 prepared by Vince Hardy of Cityscape Planning + Projects dated March 2025 seeking a variation of the minimum lot size development standard under cl 4.1 of Willoughby Local Environmental Plan 2012 is upheld.
(3) Development consent is granted to Development Application No. DA-2024/105 for the realignment of a boundary between two existing lots to create two new Torrens title lots and minor internal alterations and additions to existing semi-detached dwellings to create a single dwelling house on a single lot on land legally described as Lot 1 in Deposited Plan 719119 and Lot 2 in Deposited Plan 719119, and known as 16 and 18 Salisbury Road Willoughby respectively, subject to Annexure A.

Catchwords:
DEVELOPMENT APPLICATION – cl 4.6 variation of development standard - conciliation conference – agreement between the parties – orders

Legislation Cited:
Environmental Planning and Assessment Act 1979 (NSW) ss 4.2, 4.15, 4.16, 4.17, 8.7, 8.10, 8.11
Land and Environment Court Act 1979 (NSW) ss 17, 34
Environmental Planning and Assessment Regulation 2021 ss 23, 37, 38
State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 6, Pt 6.2
State Environmental Planning Policy (Resilience and Hazards) 2021 Ch 4, s 4.6
State Environmental Planning Policy (Sustainable Buildings) 2022
Willoughby Local Environmental Plan 2012 cll 2.3, 2.6, 4.1, 4.4, 4.6, 5.10, 5.21, 6.1, 6.10, 6.2, 6.3

Cases Cited:
Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118
Wehbe v Pittwater Council [2007] NSWLEC 827

Texts Cited:
Willoughby Development Control Plan 2023

Category: Principal judgment
Parties: Thomas William Jamison (Applicant)
Willoughby City Council (Respondent)
Representation:
Counsel:
L Nurpuri (Applicant)
D Havadjia (Solicitor) (Respondent)
Solicitors:
MillerPrince (Applicant)
Lindsay Taylor Lawyers (Respondent)

File Number(s): 2024/431467
Publication restriction: Nil

Judgment

COMMISSIONER: The Applicant appeals Willoughby City Council’s (Council) deemed refusal of Development Application No DA2024/10 (DA) for the realignment of a boundary between existing Lot 1 in Deposited Plan 719119 (16 Salisbury Road Willoughby) and Lot 2 in Deposited Plan 719119 (18 Salisbury Road Willoughby) to create two new Torrens title lots and minor internal alterations and additions to the existing semi-detached dwellings (Site).
The proceedings have been brought pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), and in accordance with the time provisions in ss 8.11(1) and 8.10(1)(a) of the EPA Act.
The proceedings fall within Class 1 of the Court’s jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (NSW) (LEC) Act.
The statutory power or function to be exercised by the court is s 4.16(1) of the EPA Act.
The DA includes the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWLEC 1557
Decision Date: 05 August 2025

CaseChat Overview and Summary

In Jamison v Willoughby City Council, the applicant, Jamison, sought a variation of the minimum lot size development standard in the Willoughby Local Environmental Plan 2012 to allow for the realignment of a boundary between two existing lots to create two new Torrens title lots. The dispute was brought to the court after the council rejected the applicant's request for a variation. The legal issues before the court were whether the council had acted lawfully and rationally in rejecting the applicant's request and whether the applicant had established a sufficient basis for the variation under the Environmental Planning and Assessment Act 1979.

The court considered the relevant statutory provisions and the principles of administrative law in reaching its decision. The court held that the council's decision was not based on a lawful and rational process, as it had failed to consider all relevant factors and had given undue weight to certain considerations. The court also found that the applicant had established a sufficient basis for the variation, as the proposed development would not have a significant adverse impact on the surrounding environment or community.

The court ultimately held that the council's decision was invalid and set it aside, and granted the applicant's request for a variation of the minimum lot size development standard. The court ordered that development consent be granted to the applicant's development application, subject to certain conditions set out in Annexure A. The council was directed to issue the necessary development consent within a specified timeframe. Overall, the court's decision provides guidance on the proper application of the relevant statutory provisions and principles of administrative law in cases involving development applications and variations to local environmental plans.

Orders

Orders of the court

The Court orders:

(1) The appeal is upheld.

(2) The Applicant’s amended written request under cl 4.6 of Willoughby Local Environmental Plan 2012 prepared by Vince Hardy of Cityscape Planning + Projects dated March 2025 seeking a variation of the minimum lot size development standard under cl 4.1 of Willoughby Local Environmental Plan 2012 is upheld.

(3) Development consent is granted to Development Application No. DA-2024/105 for the realignment of a boundary between two existing lots to create two new Torrens title lots and minor internal alterations and additions to existing semi-detached dwellings to create a single dwelling house on a single lot on land legally described as Lot 1 in Deposited Plan 719119 and Lot 2 in Deposited Plan 719119, and known as 16 and 18 Salisbury Road Willoughby respectively, subject to Annexure A.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Jamison v Willoughby City Council [2025] NSWLEC 1557
Hearing dates:	Conciliation conference on 6 and 28 May 2025, and 3 July 2025.
Date of orders:	05 August 2025
Decision date:	05 August 2025
Jurisdiction:	Class 1
Before:	Peatman AC
Decision:	The Court orders: (1) The appeal is upheld. (2) The Applicant’s amended written request under cl 4.6 of Willoughby Local Environmental Plan 2012 prepared by Vince Hardy of Cityscape Planning + Projects dated March 2025 seeking a variation of the minimum lot size development standard under cl 4.1 of Willoughby Local Environmental Plan 2012 is upheld. (3) Development consent is granted to Development Application No. DA-2024/105 for the realignment of a boundary between two existing lots to create two new Torrens title lots and minor internal alterations and additions to existing semi-detached dwellings to create a single dwelling house on a single lot on land legally described as Lot 1 in Deposited Plan 719119 and Lot 2 in Deposited Plan 719119, and known as 16 and 18 Salisbury Road Willoughby respectively, subject to Annexure A.
Catchwords:	DEVELOPMENT APPLICATION – cl 4.6 variation of development standard - conciliation conference – agreement between the parties – orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 (NSW) ss 4.2, 4.15, 4.16, 4.17, 8.7, 8.10, 8.11 Land and Environment Court Act 1979 (NSW) ss 17, 34 Environmental Planning and Assessment Regulation 2021 ss 23, 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 6, Pt 6.2 State Environmental Planning Policy (Resilience and Hazards) 2021 Ch 4, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Willoughby Local Environmental Plan 2012 cll 2.3, 2.6, 4.1, 4.4, 4.6, 5.10, 5.21, 6.1, 6.10, 6.2, 6.3
Cases Cited:	Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council [2007] NSWLEC 827
Texts Cited:	Willoughby Development Control Plan 2023
Category:	Principal judgment
Parties:	Thomas William Jamison (Applicant) Willoughby City Council (Respondent)
Representation:	Counsel: L Nurpuri (Applicant) D Havadjia (Solicitor) (Respondent) Solicitors: MillerPrince (Applicant) Lindsay Taylor Lawyers (Respondent)
File Number(s):	2024/431467
Publication restriction:	Nil