Aplus Architecture Pty Ltd v Willoughby City Council [2024] NSWLEC 1292

Aplus Architecture Pty Ltd v Willoughby City Council [2024] NSWLEC 1292

The applicant's written request adequately justifies the minor exceedance of the building height standard, the objectives of the relevant planning instruments are satisfied, required consents have been obtained, and no adverse impacts arise from the proposal. The orders are appropriate and within the Court's power following agreement of the parties.

Jurisdiction
Australia
Judgment Date
05 June 2024
Procedural Posture
Class 1 Appeal / Judgment Following Conciliation Conference
Outcome
Appeal upheld, development consent granted with conditions
Legal Topics
['development Application' 'appeal' 'height of Buildings' 'variation of Development Standards' 'conciliation Conference' 'owners Consent']
['planning and Environment'] ['development Application' 'appeal' 'height of Buildings' 'variation of Development Standards' 'conciliation Conference' 'owners Consent']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment Following Conciliation Conference

Legal Issues

  1. 1 ['Whether leave should be granted to amend Development Application DA-2023/182' "Whether the applicant's request to vary the height of buildings development standard under cl 4.6 of the Willoughby Local Environmental Plan 2012 should be upheld" 'Whether development consent should be granted to the amended application']

Ratio Decidendi

The applicant's written request adequately justifies the minor exceedance of the building height standard, the objectives of the relevant planning instruments are satisfied, required consents have been obtained, and no adverse impacts arise from the proposal. The orders are appropriate and within the Court's power following agreement of the parties.

Court Disposition

Appeal upheld, development consent granted with conditions

Orders

  • ['Leave granted to amend Development Application DA-2023/182 and rely upon amended plans and documents referred to in Annexure A.' "Applicant to pay respondent's costs thrown away due to amending the Development Application in the agreed sum of $2,000 within 28 days." "Applicant's written request to vary the height...