Dale v Willoughby City Council [2024] NSWLEC 1779

Dale v Willoughby City Council [2024] NSWLEC 1779

The Court was satisfied all jurisdictional preconditions were met, including compatibility with zone objectives, heritage conservation, consent authority procedural requirements, and environmental planning instruments, and, by agreement of the parties, granted development consent pursuant to s 34(3) of the LEC Act and s 4.16 of the EP&A Act, subject to the agreed conditions.

Parties
First Applicant: Joshua Mark Dale; Second Applicant: Laura Leigh Dale; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
04 December 2024
Procedural Posture
Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Appeal, Heritage Conservation, Tree Removal, Local Environmental Plan, State Environmental Planning Policy, Consent Authority
Planning and Environment Law Development Application Appeal Heritage Conservation Tree Removal Local Environmental Plan State Environmental Planning Policy Consent Authority

Case Brief

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Parties

Joshua Mark Dale

First Applicant

Laura Leigh Dale

Second Applicant

Willoughby City Council

Respondent

Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether development consent should be granted for demolition, construction of front fence, sliding driveway and pedestrian gate, vehicle parking space, tree removal, landscaping and associated works at 14 Wyalong Street, Willoughby
  2. 2 Whether the amended development application satisfies relevant statutory and planning controls, including heritage conservation and environmental impact

Ratio Decidendi

The Court was satisfied all jurisdictional preconditions were met, including compatibility with zone objectives, heritage conservation, consent authority procedural requirements, and environmental planning instruments, and, by agreement of the parties, granted development consent pursuant to s 34(3) of the LEC Act and s 4.16 of the EP&A Act, subject to the agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • Pursuant to s 38 of the Environmental Planning and Assessment Regulation 2021 (NSW), the Applicants are granted leave to amend development application DA-2023/262 to rely upon the amended plans contained at Annexure A.
  • The appeal is upheld.