Luxeco Property Pty Ltd v Willoughby City Council (No 2)

[2021] NSWLEC 1603

Land and Environment Court

New South Wales

Medium Neutral Citation:

Luxeco Property Pty Ltd v Willoughby City Council (No 2) [2021] NSWLEC 1603

Hearing dates:

2 and 3 March 2021

Date of orders:

29 October 2021

Decision date:

29 October 2021

Jurisdiction:

Class 1

Before:

Espinosa C

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) The Development Application No DA-2019/253 seeking consent for the demolition of the existing dwellings and structures and construction of eleven new multi dwelling housing units and associated common access driveway, parking, landscaping and site works at 82-86 Eastern Valley Way, Willoughby NSW 2069 legally described as Lots 33-35 in DP 20044 is approved subject to the conditions of consent at Annexure A.

Catchwords:

DEVELOPMENT APPEAL – multi-dwelling housing – overdevelopment – landscaping – vehicle access and parking – adaptable and affordable housing – impacts on adjoining properties – floor space ratio development standard cl 4.6 written request - orders

Cases Cited:

Luxeco Property Pty Ltd v Willoughby Council [2021] NSWLEC 1554

Category:

Principal judgment

Parties:

Luxeco Property Pty Ltd (Applicant)
Willoughby City Council (Respondent)

Representation:

Counsel:
M Wright SC (Applicant)
P Vergotis (Solicitor) (Respondent)

Solicitors:
Holding Redlich (Applicant)
McCabe Curwood Pty Ltd (Respondent)

File Number(s):

2020/160587

Publication restriction:

No

Judgment

1. COMMISSIONER: On 22 September 2021, I handed down my reasons for judgment in the Class 1 appeal (Luxeco Property Pty Ltd v Willoughby Council [2021] NSWLEC 1554) to uphold the appeal subject to conditions.

2. I directed the Council to prepare and file conditions of consent in the requisite template and to provide them to the Court.

3. The Council filed the conditions in accordance with my direction on 6 October 2021 however there were some omissions which required correcting and this was done on 7 October 2021.

4. Following receipt of the conditions, I requested an electronic copy of the plans to upload onto Caselaw when the final judgment is published. Following that request the Applicant drew to my attention that a number of plans from the tendered bundle of Architectural Drawings marked Exhibit E were inadvertently omitted from the table of Proposed/Draft Conditions of Consent (Exhibit V) and that this omission was not identified until my request for the plans to be approved in electronic form being after 7 October 2021. The Applicant has provided conditions with track changes indicating the plans to be added and included in the conditions of consent.

5. I have reviewed the Exhibit E architectural drawings and I am satisfied that it is proper and appropriate to add and include the following plans:

DA 1.140	07	30/11/2020
DA 1.141	08	14/12/2020
DA 1.142	09	14/12/2020
DA 1.150	03	19/02/2020
DA 1.51	03	19/02/2020
DA 1.152	03	19/02/2020
DA 1.160	02	18/08/2020
DA 1.161	01	16/12/2020
DA 2.120	01	27/08/2020
DA 2.121	01	27/08/2020
DA 5.000	00	30/11/2020
DA 5.001	00	30/11/2020
DA 5.002	00	30/11/2020
DA 5.003	00	30/11/2020
DA 5.005	00	30/11/2020
DA 5.006	00	30/11/2020
DA 5.007	00	30/11/2020
DA 5.008	00	30/11/2020
DA 5.009	00	30/11/2020

6. I am satisfied that the conditions accord with my judgment and I now make the following orders.

7. The Court orders that:

1. The appeal is upheld.

2. The Development Application No DA-2019/253 seeking consent for the demolition of the existing dwellings and structures and construction of eleven new multi dwelling housing units and associated common access driveway, parking, landscaping and site works at 82-86 Eastern Valley Way, Willoughby NSW 2069 legally described as Lots 33-35 in DP 20044 is approved subject to the conditions of consent at Annexure A.

……………………….

E Espinosa

Commissioner of the Court

Annexure A (264152, pdf)

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