Stefanovic v Willoughby City Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Stefanovic v Willoughby City Council [2024] NSWLEC 1104

Hearing dates:

Conciliation Conference on 15 and 16 February 2024

Date of orders:

12 March 2024

Decision date:

12 March 2024

Jurisdiction:

Class 1

Before:

Byrne AC

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development consent is granted to Development Application No DA-2023/78 for demolition of the existing dwelling and construction of a three-storey dwelling, pool and associated site works on land at 44 Sunnyside Crescent, Castlecrag NSW 2068, known as Lot 175 in Deposited Plan 13097, subject to conditions in Annexure A.

Catchwords:

DEVELOPMENT APPEAL – demolition – construction new dwelling house, pool and landscaping – conciliation conference – agreement between the parties – orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 10.3

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

Environmental Planning and Assessment Regulation 2021, s 38, Sch 7

State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, 6 s 2.6, Pt 2.3

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Resilience and Hazards) 2021

Rural Fires Act 1997, s 100Q

Willoughby Local Environmental Plan 2012, cll 4.4, 4.4A, 4.6, 6.2

Texts Cited:

NSW Rural Fire Service, Planning for Bush Fire Protection, November 2019

Category:

Principal judgment

Parties:

Jasmine Isabelle Stefanovic (Applicant)
Willoughby City Council (Respondent)

Representation:

Counsel:
R White (Applicant)
M Harker (Respondent)

Solicitors:
Project Lawyers (Applicant)
Lindsay Taylor Lawyers (Respondent)

File Number(s):

2023/215797

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 Willoughby City Council (the Council) of DA-2023/78 (the Development Application) for demolition of existing dwelling and construction of a new three-storey dwelling, pool and associated site works (the Proposed Development) on land at 44 Sunnyside Crescent, Castlecrag NSW 2068, known as Lot 175 in DP 13097 (the Site).

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

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(1) of the Environmental Planning and Assessment Regulation 2021. The agreed position is for the Court to uphold the Class 1 appeal and grant development consent to the proposed development, as amended subject to conditions at Annexure A.

4. Section 34(3) of the LEC Act requires me to dispose of the proceedings in accordance with the parties’ decision if it is a decision that the Court could have made in the proper exercise of its functions.

5. There are jurisdictional prerequisites which require my satisfaction…