Polytec Australia Three Pty Ltd v Willoughby City Council

[2024] NSWLEC 1587

Land and Environment Court

New South Wales

Medium Neutral Citation:

Polytec Australia Three Pty Ltd v Willoughby City Council [2024] NSWLEC 1587

Hearing dates:

Conciliation Conference on 10 May, 17 July and 26 July 2024

Date of orders:

24 September 2024

Decision date:

24 September 2024

Jurisdiction:

Class 1

Before:

Byrne AC

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development Application DA-2023/176 for demolition of the existing structures and construction of a six-storey shop top housing development comprising of a commercial premises, a retail premises and 26 residential units over three levels of basement car parking at 688-692 Pacific Highway, Chatswood NSW 2067, is determined by a grant of consent, subject to conditions contained in Annexure ‘A’.

(3) The Applicant is to pay the Respondent’s costs thrown away as a result of the amended Development Application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

Catchwords:

DEVELOPMENT APPEAL – demolition of derelict commercial building – construction new shop top housing development – conciliation conference – agreement between the parties - orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7

Land and Environment Court Act 1979, s 34

Roads Act 1993, s 138

Water Management Act 2000, s 91

Environmental Planning and Assessment Regulation 2021, s 38

Standard Instrument—Principal Local Environmental Plan 2006

State Environmental Planning Policy (Biodiversity and Conservation) 2021

State Environmental Planning Policy (Housing) 2021

State Environmental Planning Policy (Resilience and Hazards) 2021

State Environmental Planning Policy (Sustainable Buildings) 2022

State Environmental Planning Policy (Transport and Infrastructure) 2021

Willoughby Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.4A, 5.10, 6.2, 6.3, 6.7, 6.8, 6.23, Sch 1, cl 14

Category:

Principal judgment

Parties:

Polytec Australia Three Pty Ltd ACN 654 595 954 (Applicant)
Willoughby City Council (Respondent)

Representation:

Counsel:
M Sonter (Solicitor) (Applicant)
JP Merlino (Solicitor) (Respondent)

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

File Number(s):

2023/360563

Publication restriction:

No

Judgment

1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by the Willoughby City Council (the Council) of DA 2023/176 (the Development Application) for a shop top housing mixed use development (the Proposed Development) at 688-692 Pacific Highway, Chatswood, NSW 2067 known as Lot 1 DP 838366 and SP 19329 (the Site).

2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on site and at Court.

3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties and which addressed the Council’s contentions. This decision involved Council approving an application to amend the Applicant’s plans pursuant to s 38 of the Environmental Planning and Assessment Regulation 2021 (EPA Reg 2021). The agreed position is for the Court to uphold the class 1 appeal and grant development consent to the Proposed Development, as amended, with conditions at Annexure A.

Amended Proposed Development

4. Following feedback at the s 34 conference, the Applicant made amendments to the proposed design of the development and provided additional information which has been included in the s 34 Agreement. The main amendments made to the proposed development include (Amended Application):

1. removal of Level 7 from the building and a corresponding reduction in the number of apartments from 30 to 26;

2. reduction in the ground level setback provided to the Pacific Highway from 2m to 0m;

3. provision of an additional 3.1m setback to the southern boundary at levels 4-6;

4. internal reconfiguration of apartments as a result of the increased setbacks; and

5. provision of a waste storage and handling room on ground level to facilitate kerbside collection.

5. The Applicant also agreed to the imposition of a deferred commencement condition under s 4.16(3) EPA Act for the imposition of a stormwater easement over the downstream property at 5 James St, Chatswood, being land known as CP SP51066 at the rear of the Site. The details of this deferred commencement condition are set out in Annexure A to the judgment and the Amended Stormwater Plans demonstrate how the stormwater infrastructure can be installed within a future easement.

6. The parties are satisfied that the amended application satisfactorily addresses the Respondent’s contentions in the Statement of Facts and Contentions, subject to the imposition of conditions.

7. There are jurisdictional prerequisites which require my satisfaction before the power to grant consent under s 4.16(1)(a) of the EPA Act can be exercised by the Court. The parties outlined jurisdictional matters of relevance in these proceedings in an agreed Jurisdictional Statement (the Statement) provided to the Court. The statutory planning controls relevant to the Site and the Proposed Development are listed in the Council’s Statement of Facts and Contentions.

Satisfaction as to Jurisdiction

8. Regarding jurisdiction and taking into account the parties advice in the Statement, I am satisfied in regard to the following relevant matters.

9. The Development Application was lodged by Mr Nigel Dickson on behalf of Polytec Australia Three Pty Ltd (ACN: 654 595 954), the owner of the site.

10. The imposition of a condition to obtain future approval under s 138 of the Roads Act1993, where the Applicant has elected for it not to be Nominated Integrated Development, is a lawful, permissible and appropriate condition.

11. The Development Application is not nominated as integrated development on the application form, however it was referred to Water NSW on 21 November 2023 requiring approval under s 91 of the Water Management Act2000. The Development Application was subsequently renotified as integrated development for a period of 56 days between 27 November 2023 to 22 January 2024 to comply with the period for Integrated Development.

Water Management Act 2000 (WM Act)

12. Pursuant to s 91(2) of the WM Act, Water NSW issued its General Terms of Approval for the controlled activity approval on 15 April 2024, and these have been incorporated in the conditions of consent at Condition 3.

Roads Act 1993 (Roads Act)

13. Approval under s 138 of the Roads Act is required for the construction of a new driveway crossover from the Site to the Pacific Highway.

14. As outlined below, the Development Application was referred to TfNSW on 25 July 2023 and 1 July 2024. TfNSW issued correspondence supporting the development application on 19 July 2024. A condition has been imposed (Condition 29) which requires a s 138 approval to be obtained from TfNSW in relation to works within the road reserve.

State Environmental Planning Policies (SEPPs)

15. I have considered the jurisdictional provisions applicable to the Proposed Development on the subject Site that are raised by the following SEPPs, discussed in detail in the parties’ Statement at paragraphs [28]-[52]. I agree with the parties’ conclusions that proper consideration has been given and no jurisdictional impediments arise pursuant to the following SEPPs:

1. State Environmental Planning Policy (Resilience and Hazards) 2021

2. State Environmental Planning Policy (Transport and Infrastructure) 2021

3. State Environmental Planning Policy (Biodiversity and Conservation) 2021

4. State Environmental Planning Policy (Housing) 2021

5. State Environmental Planning Policy (Sustainable Buildings) 2022

Willoughby Local Environmental Plan 2012 (Willoughby LEP)

16. The site is subject to the Willoughby LEP, as amended by Amendment 34, which commenced on 30 June 2023, being prior to the lodgement of the Development Application. Accordingly, the provisions of Amendment 34 apply to the proposed development. The Statement sets out a number of relevant provisions of the Willoughby LEP that apply and are satisfied.

17. The Site is zoned E3 productivity support under cl 2.3 (Land Zone) of the Willoughby LEP. The development application seeks consent for ‘shop top housing’. Shop top housing is expressly permitted on the Site pursuant to cl 14 of Sch 1 (Additional Permitted Uses) as it is identified as ‘Area 3’ on the Special provisions area map. The development is permitted with consent under these provisions of the Willoughby LEP.

18. The parties have considered the objectives of the E3 zone and agreed that the Amended Proposed Development meets the objectives of the zone.

19. Clause 4.3 (Height of Buildings) – the Site has a mapped maximum building height of 18m. The highest point of the building is 28.150m, being a 56.38% exceedance of the maximum building height control. A clause 4.6 request has been prepared in relation to the Amended Application justifying the contravention of the height of building development standard.

20. I have read the Amended Clause 4.6 Request drafted by Mecone dated June 2024 and the parties’ analysis and conclusions set out in the Statement at paragraphs [56](a)(i)-(vi) and [56](b)(i)-(iv) which I do not need to repeat.

21. The parties agree that the clause 4.6 request is prepared with the relevant requirements under cl 4.6(3), the development will be in the public interest because it is consistent with the objectives of the development standard and the objectives of the E3 zone, and there are adequate environmental planning grounds to support the proposition that compliance with the development standard is unreasonable and unnecessary.

22. The Court accepts the parties’ position based on the material in the Statement. I am satisfied to make the finding that the Applicant’s written request under cl 4.6 of the Willoughby LEP to vary the height of buildings development standard for the Proposed Development, as amended, at 688-692 Pacific Highway, Chatswood NSW 2067, is upheld.

23. I note that, as advised by the parties, the recent changes to cl 4.6 in the Standard Instrument that commenced on 1 November 2023 do not apply to the proposed development as the Development Application was lodged prior to 1 November 2023.

24. Clause 4.4 (Floor Space Ratio) – the Site has a mapped maximum Floor Space Ratio (FSR) control of 2:1, however, is identified as ‘Area 9’ under cl 4.4A. Pursuant to cl 4.4A(2), the maximum FSR for the site, being a Site with an area greater than 1140m², is 3.7:1. The Amended Application has a maximum FSR of 3.29:1 (3,756m² of Gross Floor Area) which is compliant with this control.

25. Clause 5.10 (Heritage Conservation) – the Development Application does not propose works on a heritage item, nor is it on land within a heritage conservation area. As such, consent is not required for works proposed in the DA under cl 5.10(2).

26. Although the nearby Chatswood Public School is a locally listed heritage item, it is not within a heritage conservation zone and is not materially impacted by the proposed development at street level because the heritage part of the school is physically separated from the Site by other buildings. The parties are satisfied and the Court accepts that the matters in cl 5.10 of the WLEP are generally met.

27. Clause 6.2 (Earthworks) – the development seeks consent for earthworks and is consistent with the matters to be addressed pursuant to cl 6.2(3). The Statement at paragraphs 61(a)-(g) sets out in detail the requirements under the Willoughby LEP for the carrying out of the earthworks on the site including excavation and stormwater management. It is not necessary to repeat the detail here as I am satisfied with the parties’ conclusions based on the documents referred to in respect of the development.

28. Clause 6.3 (Urban heat) relates to matters that can be implemented to mitigate urban heat impacts (refer to the Green Star Strategy Report filed with the Class 1 Application). Pursuant to cl 6.3(2), the parties are satisfied, and the Court accepts that:

1. the facade and roof of the building and paved surfaces are designed with materials and treatments that seek to reduce adverse effects of solar heat on the surrounding land (see page 8 of the Green Star Strategy Report at Tab 22 of the Class 1 Application);

2. the building provides awnings and eaves that are designed to provide shelter from the sun and improve public comfort at street level;

3. the building’s heating, ventilation and air conditioning systems are designed and are capable of being implemented in a manner that will minimise the release of heat in the direction of private open space and the public domain;

4. the development maximises the use of green infrastructure that is strategically designed and managed to support a good quality of life in an urban environment including through large deep soil zones, landscaping on the structure and on the roof;

5. the development accommodates sufficient tree canopy, open space and deep soil zones to achieve urban cooling benefits; and

6. the building is designed to achieve high passive thermal performance.

29. Clause 6.7 (Active street frontages) requires development in certain locations, including the Subject site, to provide active street frontages. Pursuant to cl 6.7(3), consent cannot be granted unless the consent authority is satisfied that the development will have an active street frontage. The parties are satisfied, and the Court accepts that the development has an active street frontage as the ground floor of the development, with the exception of the vehicular access, provides retail and commercial premises facing the street as demonstrated in the Amended Architectural Plans.

30. Clause 6.8 (Affordable housing) makes provision for the dedication towards affordable housing. The site is nominated as requiring the provision of 4% of the residential GFA as affordable housing. Pursuant to cl 6.8(3), the parties have considered, and the Court can be satisfied that the following matters have been considered in granting the development consent:

1. the Willoughby Affordable Housing Principles,

2. the impact of the development on the existing mix and likely future mix of residential accommodation in Willoughby.

31. Pursuant to cl 6.8(4), Condition 6 of the consent (see Annexure A) requires the provision of a contribution towards affordable housing.

32. Clause 6.23 (Design excellence) outlines requirements to achieve design excellence. Pursuant to cl 6.23(3), the parties are satisfied, and the Court accepts that that the development achieves design excellence, having regard to the matters outlined in cll 6.23(4) and 6.23(5), as:

1. The land is suitable for the development as it is permissible with consent and has been designed to respond to the Site opportunities and constraints;

2. The development replaces an existing underutilised and underperforming building on the site and provides a high performing mixed use development that provides residential as well as commercial land uses that are appropriate for the location;

3. The development responds to and compliments the heritage constraints posed by the adjacent heritage item (Chatswood Public School) and responds to and enhances the unique Pacific Highway streetscape constraints;

4. The proposed development aids in the transition between the neighbouring developments including the provision of a large, landscaped setback to rear residential uses, active uses to the park and privacy treatments to the school to the south;

5. The bulk, massing and modulation of the development is consistent with the surrounding area and responds to the sloping site topography and surrounding site land uses and interfaces;

6. The street frontage height to the Pacific Highway is designed to reinforce the streetscape and respond to the acoustic constraints as well as the retail opportunities presented;

7. The development incorporates sustainable design elements that provide for solar access, natural ventilation, minimising overshadowing impacts and reflectivity impacts;

8. The development achieves ecologically sustainable development principles through maximising natural light and ventilation and remaining sympathetic to surrounding vegetation;

9. Pedestrian, vehicular, cycle and service access are all accommodated in the design;

10. The development provides an activated public domain through the use of ground floor commercial and retail land uses;

11. The development is not located within, nor will it have an adverse impact on a special character area;

12. Appropriate ground level interfaces to the public domain are achieved though the use of active retail and commercial premises; and

13. High quality landscaping is provided at ground level to soften and transition the building as well as on the structure and roof top.

Remaining matters in s 4.15(1)

33. The parties agree that the Development Application can be approved taking into consideration the matters in ss 4.15(1)(c)–(e) of the EPA Act.

Public Participation

34. The Development Application was notified to surrounding properties for a period of 21 days from 4 August 2023 to 25 August 2023. As stated above, the DA was also notified for a period of 56 days between 27 November 2023 to 22 January 2024 to identify the Development as Integrated Development, although the DA was not lodged as Integrated Development.

35. A significant number of submissions were received from surrounding neighbours, particularly from the persons who reside in the largely residential area to the west of the Site and Pacific Highway. In addition, the Site adjoins the Kenneth Slessor Park (Park) to the north which leads down to the lower residential area around James St. At the s 34 conference on site, the Court heard from the objectors at the Park and also inspected other view points and locations in relation to submissions made to Council. There are no works proposed for the Park which is Council’s land.

36. The subject Site is at a significant transition point from the high density commercial, residential and retail area of Chatswood on a major state highway to low density residential at the rear of the Site. The zoning of the Site as E3 productivity support and the permissibility for shop top housing reflects the location. I am satisfied that the resident objectors’ reasonable concerns were considered by the parties in reaching the s 34 agreement and the objectors were accorded procedural fairness.

Conclusion

37. For these reasons, based on the evidence before me, and my observations on Site, I am satisfied that there is no jurisdictional impediment to the making of the proposed orders, and the decision is one that the Court could have made in the proper exercise of its functions.

38. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

Notations

39. The Court notes that:

1. Willoughby City Council, as the relevant consent authority, has approved, under s 38(1) of the EPA Reg 2021, to the Applicant amending Development Application DA-2023/176 in accordance with the documents listed below:

Drawing No	Drawing Title	Prepared By	Date
Architectural Plans
DA-0-001-S	Cover Sheet	Dickson Rothchild	24.06.2024
DA-0-002-L	Project Summary	Dickson Rothchild	27.05.2024
DA-0-003C	BASIX Thermal Specification	Dickson Rothchild	23.07.2024
DA-0-011-K	Photomontage	Dickson Rothchild	27.05.2024
DA-0-012-K	Photomontage – East Elevation	Dickson Rothchild	27.05.2024
DA-0-013-K	Photomontage – North Elevation	Dickson Rothchild	27.05.2024
DA-0-014-L	Photomontage – West Elevation	Dickson Rothchild	24.06.2024
DA-0-15-L	Photomontage – South Elevation	Dickson Rothchild	24.06.2024
DA-0-020-A	View Analysis – Camera Location Map	Dickson Rothchild	26.04.2024
DA-0-021-B	View Analysis 01 (IMG_2116)	Dickson Rothchild	27.05.2024
DA-0-022-AB	View Analysis 02 (IMG_2080)	Dickson Rothchild	26.04.2024
DA-0-023-B	View Analysis 03 (IMG_2098)	Dickson Rothchild	27.05.2024
DA-0-101-H	Site Location Plan	Dickson Rothchild	04.04.2024
DA-0-101A-B	Site Location Plan	Dickson Rothchild	04.04.2024
DA-0-102-J	Site Analysis – Site Location	Dickson Rothchild	27.05.2024
DA-0-103-J	Site Analysis – Desing Principle	Dickson Rothchild	27.05.2024
DA-0-104-H	Site Analysis – Photos	Dickson Rothchild	04.04.2024
DA-0-105-K	Site Analysis – Building Heights	Dickson Rothchild	27.05.2024
DA-0-106-H	Survey – Sheet 01	Dickson Rothchild	04.04.2024
DA-0-106A-A	Survey – Sheet 02	Dickson Rothchild	04.04.2024
DA-0-106B-A	Survey – Sheet 03	Dickson Rothchild	04.04.2024
DA-0-106C-A	Survey – Sheet 04	Dickson Rothchild	04.04.2024
DA-0-107-J	Demolition Plan	Dickson Rothchild	27.05.2024
DA-0-111-M	Site Plan	Dickson Rothchild	27.05.2024
DA-0-210-N	Basement 3 Floor Plan	Dickson Rothchild	27.05.2024
DA-0-211-N	Basement 2 Floor Plan	Dickson Rothchild	27.05.2024
DA-0-212-Q	Basement 1 Floor Plan	Dickson Rothchild	22.07.2024
DA-0-213-R	Ground Floor Plan	Dickson Rothchild	22.07.2024
DA-0-214-R	Level 1 Floor Plan	Dickson Rothchild	24.06.2024
DA-0-215-S	Level 2 to Level 3 Floor Plan	Dickson Rothchild	24.06.2024
DA-0-215.1-A	Level 4 Floor Plan	Dickson Rothchild	27.05.2024
DA-0-216-R	Level 5 Floor Plan	Dickson Rothchild	27.05.2024
DA-0-218-P	COS Plan	Dickson Rothchild	27.05.2024
DA-0-219-P	Roof Plan	Dickson Rothchild	27.05.2024
DA-0-300-C	Streetscape Elevation – Pacific Highway	Dickson Rothchild	27.05.2024
DA-0-301-P	East Elevation	Dickson Rothchild	27.05.2024
DA-0-302-P	North Elevation	Dickson Rothchild	27.05.2024
DA-0-303-Q	West Elevation	Dickson Rothchild	24.06.2024
DA-0-304-P	South Elevation	Dickson Rothchild	24.06.2024
DA-0-400-L	Site Section	Dickson Rothchild	27.05.2024
DA-0-401-P	Section 01	Dickson Rothchild	27.05.2024
DA-0-402-N	Section 02	Dickson Rothchild	27.05.2024
DA-0-403-B	Section 03	Dickson Rothchild	27.05.2024
DA-0-404-B	Section 04	Dickson Rothchild	27.05.2024
DA-0-405-K	Section - Driveway	Dickson Rothchild	27.05.2024
DA-0-411-A	Privacy Screen and Louvre Details – Sheet 01	Dickson Rothchild	22.04.2024
DA-0-412-A	Privacy Screen and Louvre Details – Sheet 02	Dickson Rothchild	22.04.2024
DA-0-501-K	Pre, Post – Adaptable Units	Dickson Rothchild	27.05.2024
DA-0-502-K	Pre, Post – Adaptable Units	Dickson Rothchild	27.05.2024
DA-0-503-A	Pre, Post – Adaptable Units	Dickson Rothchild	27.05.2024
DA-0-900-D	GFA Diagrams	Dickson Rothchild	27.05.2024
DA-0-901-P	GFA Diagrams	Dickson Rothchild	27.05.2024
DA-0-902-M	C.O.S and Deep Soil Diagram	Dickson Rothchild	27.05.2024
DA-0-903-C	Storage Schedule	Dickson Rothchild	27.05.2024
DA-0-911-L	Solar and CV	Dickson Rothchild	27.05.2024
DA-0-912-E	Views from Sun – Sheet 1	Dickson Rothchild	27.05.2024
DA-0-913-E	Views from Sun – Sheet 2	Dickson Rothchild	27.05.2024
DA-0-914-E	Views from Sun – Sheet 3	Dickson Rothchild	27.05.2024
DA-0-915-A	Views from Sun – Sheet 4	Dickson Rothchild	27.05.2024
DA-0-941-L	External Finishes and Materials	Dickson Rothchild	27.05.2024
DA-0-950-K	Shadow Analysis – Site Context	Dickson Rothchild	27.05.2024
DA-0-951-K	Shadow Analysis – June 2 – 9am	Dickson Rothchild	27.05.2024
DA-0-952-K	Shadow Analysis – June 2 – 10am	Dickson Rothchild	27.05.2024
DA-0-953-K	Shadow Analysis – June 2 – 11am	Dickson Rothchild	27.05.2024
DA-0-954-K	Shadow Analysis – June 2 – 12pm	Dickson Rothchild	27.05.2024
DA-0-955-K	Shadow Analysis – June 2 – 01pm	Dickson Rothchild	27.05.2024
DA-0-956-K	Shadow Analysis – June 2 – 02pm	Dickson Rothchild	27.05.2024
DA-0-957-K	Shadow Analysis – June 2 – 03pm	Dickson Rothchild	27.05.2024
DA-0-991-L	Height Plan Diagram	Dickson Rothchild	27.05.2024
DA-0-992-A	Waste Bin Carting Route	Dickson Rothchild	23.07.2024
Landscape Plans
Sheet 1 of 5-H	Ground Floor Plan	Paul Scrivener Landscape	28.5.2024
Sheet 2 of 5-H	Level 1 Plan	Paul Scrivener Landscape	28.5.2024
Sheet 3 of 5-H	Level 1 Plan	Paul Scrivener Landscape	28.5.2024
Sheet 4 of 5-H	Rooftop Common Open Space Plan and Level 6	Paul Scrivener Landscape	28.5.2024
Sheet 5 of 5-H	Section AA and Details	Paul Scrivener Landscape	28.5.2024
Stormwater Plans
22222-000-C	Cover Sheet Plan	Telford Civil	23.04.2024
22222-101-D	Stormwater Concept Plan Basement Level 3 Sheet 1 of 2	Telford Civil	23.04.2024
22222-102-C	Stormwater Concept Plan Basement Level 3 Sheet 2 of 2	Telford Civil	23.04.2024
22222-103-D	Stormwater Concept Plan Basement Level 2	Telford Civil	23.04.2024
22222-104-D	Stormwater Concept Plan Basement Level 1	Telford Civil	23.04.2024
22222-105-E	Stormwater Concept Plan Basement Level	Telford Civil	28.05.2024
22222-106-E	Inset Plan and Long Section Details Sheet	Telford Civil	28.05.2024
22222-107	Deleted	Telford Civil	N/A
22222-108-E	On-Site Detention Details and Calculations	Telford Civil	28.05.2024
22222-109-D	Catchment Plan and Music Results	Telford Civil	28.05.2024
22222-110-C	Sediment and Erosion Control Plan and Details	Telford Civil	23.04.2024
22222-111-C	Miscellaneous Details Sheet	Telford Civil	23.04.2024
Sewerage pipe and vent plans
PSWHC4658-P.C	Willoughby Sewerage Drains to N.S.O.O.S	Sydney Water	22.05.2024
DTC-2200-F	DN1200 Maintenance Holes Cast In-Situ Reinforced Concrete	Sydney Water	18.03.2015
DTC-2203-B	DN2203 Maintenance Holes Cast In-Situ Concrete Wall	Sydney Water	18.03.2015
DTC-2300-D	Ventilation Shaft Stainless Steel 9-18m Height DN150-DN300 Sheet 1 of 2	Sydney Water	03.11.2020
DTC-2301-D	Ventilation Shaft Stainless Steel 9-18m Height DN150-DN300 Sheet 2 of 2	Sydney Water	03.11.2020
Document
Schedule of Amendments prepared by Dickson Rothschild dated 29 April 2024
Amended Clause 4.6 Variation Request – Height of Buildings – prepared by Mecone dated June 2024
Amended Statement of Environmental Effects prepared by Mecone dated 19 July 2024
Amended Design Verification Statement prepared by Dickson Rothschild dated 24 June 2024
Statement addressing Clause 6.23 – Design Excellence prepared by Mecone dated 22 July 2024
Amended Traffic Impact Assessment prepared by TTPP dated 29 April 2024
Heritage response to Contentions Statement prepared by Weir Phillips dated 23 April 2024
Arboricultural Statement for proposed Stormwater Concept Plan prepared by Seasoned Tree Consulting darted 12 July 2024
Geotechnical Response to Water NSW prepared by Australian Geoenviro dated 13 December 2023
Amended Waste Management Plan prepared by Dickens Solutions dated May 2024
Amended BASIX and NatHERS Certificate prepared by LC Consulting Engineers dated 23 July 2024
Mechanical Engineering Advice - Removal of Commercial Kitchen Exhaust and Trade Waste Drainage Provision prepared by N2 Engineering Consultants dated 23 May 2024
Stormwater response to contentions statement prepared by Telford Civil dated 24 April 2024

Orders

40. The Court orders:

1. The appeal is upheld.

2. Development Application DA-2023/176 for demolition of the existing structures and construction of a six-storey shop top housing development comprising of a commercial premises, a retail premises and 26 residential units over three levels of basement car parking at 688-692 Pacific Highway, Chatswood NSW 2067, is determined by a grant of consent, subject to conditions contained in Annexure ‘A’.

3. The Applicant is to pay the Respondent’s costs thrown away as a result of the amended Development Application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

L Byrne

Acting Commissioner of the Court

Annexure A

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Decision last updated: 24 September 2024