DPG Project 38 Pty Ltd v Willoughby City Council [2025] NSWLEC 1115

DPG Project 38 Pty Ltd v Willoughby City Council [2025] NSWLEC 1115

The appeal is upheld and development consent is granted because the proposal, as amended and documented in the s 34 agreement, satisfies relevant statutory and local planning controls, including proper variation of height and floor space ratio standards under cl 4.6, and the jurisdictional preconditions for order under s 34(3) of the Land and Environment Court Act 1979 are met. Concerns raised by community submissions have been considered and requirements relating to contamination, flood risk, and amenity have been addressed.

Parties
Applicant: DPG Project 38 Pty Ltd; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
19 February 2025
Procedural Posture
Appeal / Final Orders After Class 1 Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs as agreed or assessed.
Legal Topics
Development Consent, Height and Floor Space Ratio Variation, Conciliation Conference, Amended Development Application
Planning and Environment Development Consent Height and Floor Space Ratio Variation Conciliation Conference Amended Development Application

Case Brief

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Parties

DPG Project 38 Pty Ltd

Applicant

Willoughby City Council

Respondent

Procedural Posture

Appeal / Final Orders After Class 1 Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for demolition and construction of a 26 storey residential flat building in contravention of local development standards via cl 4.6 request
  2. 2 Whether the amended Development Application DA-2023/166 is permissible and complies with relevant statutory and local planning controls
  3. 3 Whether the requirements relating to zoning, minimum lot sizes, building heights, floor space ratio, heritage conservation, flood planning, earthworks, affordable housing, and design excellence have been satisfied

Ratio Decidendi

The appeal is upheld and development consent is granted because the proposal, as amended and documented in the s 34 agreement, satisfies relevant statutory and local planning controls, including proper variation of height and floor space ratio standards under cl 4.6, and the jurisdictional preconditions for order under s 34(3) of the Land and Environment Court Act 1979 are met. Concerns raised by community submissions have been considered and requirements relating to contamination, flood risk, and amenity have been addressed.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs as agreed or assessed.

Orders

  • Written requests prepared by JV Urban under cl 4.6 of Willoughby Local Environmental Plan 2012 seeking grant of development consent in contravention of standards are upheld.
  • Applicant to pay Respondent's costs as a consequence of amendments pursuant to s 8.15(3) of Environmental Planning and Assessment Act 1979, as agreed or assessed.