Marcarian v Willoughby City Council

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Marcarian v Willoughby City Council [2025] NSWLEC 1137

Hearing dates:

Conciliation conference on 12 February 2025

Date of orders:

11 March 2025

Decision date:

11 March 2025

Jurisdiction:

Class 1

Before:

Thorpe AC

Decision:

The Court orders:

(1) The appeal is upheld.

(2) Modification Application DA-2021/18/B for the enclosure of a portion of the lower ground floor area to create a loggia, the addition of a lift, confirmation of the location of the southern garage wall, relocation of the plant room, deletion of condition 2F and amendment of condition 37 of DA-2021/18 at 75 Coolawin Road, Northbridge, is determined by way of approval.

(3) Development Consent No DA-2021/18/B is modified in the terms set out in Annexure A.

(4) Development Consent No DA-2021/18/B as modified by the Court is set out in Annexure B.

Catchwords:

DEVELOPMENT APPEAL – modification of development consent – residential development – conciliation conference – agreement between the parties – orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 8.9

Land and Environment Court Act 1979, ss 34, 34AA

Cases Cited:

SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65

Texts Cited:

Willoughby City Council, Community Participation Plan, 2024

Category:

Principal judgment

Parties:

Taleen Marcarian (Applicant)
Willoughby City Council (Respondent)

Representation:

Counsel:
N Eastman SC (Applicant)
JP Merlino (Solicitor) (Respondent)

Solicitors:
Mills Oakley (Applicant)
HWL Ebsworth (Respondent)

File Number(s):

2024/273282

Publication restriction:

No

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by Willoughby City Council (Council) to modify Development Consent No DA-2021/18 granted for the construction of a part two, part three storey dwelling house with a pool to the rear and associated works (approved development) at 75 Coolawin Road, Northbridge, legally described as Lot 7 in DP 18857 (site).

2. The proposed modification of the consent includes extension of the lower ground floor area to create a loggia, the addition of a lift, confirmation of the location of the southern garage wall, relocation of the plant room and deletion of condition 2F and amendment of condition 37. The approved development has previously been modified under DA-2021/18/A.

3. The Court arranged a conciliation conference between the parties under s 34AA of the Land and Environment Court Act 1979 (Court Act). I presided over the conciliation conference, which was held on 12 February 2025. The parties reached agreement at the conference as to the terms of a decision in the proceedings that would be acceptable to the parties.

4. Under s 34(3) of the Court Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.56 of the EPA Act to modify the development…