Warner v Willoughby City Council [2021] NSWLEC 1558

Warner v Willoughby City Council [2021] NSWLEC 1558

The decision to grant development consent for the proposal, with approval of the cl 4.6 variation, is justified as the breach of the height standard is appropriate to retain the dwelling's contribution to the heritage area, involves no adverse heritage or environmental impacts, and achieves the objectives of the standard notwithstanding non-compliance, with the outcome agreed by the parties in conciliation and permissible under the applicable law.

Parties
Applicant: Peter George Warner; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
23 September 2021
Procedural Posture
Development Appeal (class 1) / Disposition After Conciliation Conference, Orders Made
Outcome
Appeal upheld, development consent granted, cl 4.6 request upheld
Legal Topics
Development Consent, Variation of Development Standard, Height of Buildings, Heritage Conservation, LEP Clause 4.6 Requests, Conciliation Conference
Planning and Environment Law Development Consent Variation of Development Standard Height of Buildings Heritage Conservation LEP Clause 4.6 Requests Conciliation Conference

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Parties

Peter George Warner

Applicant

Willoughby City Council

Respondent

Procedural Posture

Development Appeal (class 1) / Disposition After Conciliation Conference, Orders Made

Legal Issues

  1. 1 Whether development consent should be granted for alterations and additions with a breach of the height development standard under cl 4.3 of the Willoughby Local Environmental Plan 2012, justified by a cl 4.6 request
  2. 2 Whether the proposal adversely impacts the heritage conservation area

Ratio Decidendi

The decision to grant development consent for the proposal, with approval of the cl 4.6 variation, is justified as the breach of the height standard is appropriate to retain the dwelling's contribution to the heritage area, involves no adverse heritage or environmental impacts, and achieves the objectives of the standard notwithstanding non-compliance, with the outcome agreed by the parties in conciliation and permissible under the applicable law.

Court Disposition

Appeal upheld, development consent granted, cl 4.6 request upheld

Orders

  • The clause 4.6 request (for a variation to the height of buildings development standard under clause 4.3 of the Willoughby Local Environmental Plan 2012) prepared by Peter George Warner and dated August 2021 is upheld
  • The appeal is upheld