Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5:

1. COMMISSIONER: The Applicant appeals Willoughby City Council's (Council) deemed refusal of Development Application No DA2024/10 (DA) for the realignment of a boundary between existing Lot 1 in Deposited Plan 719119 (16 Salisbury Road Willoughby) and Lot 2 in Deposited Plan 719119 (18 Salisbury Road Willoughby) to create two new Torrens title lots and minor internal alterations and additions to the existing semi-detached dwellings (Site).

2. The proceedings have been brought pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), and in accordance with the time provisions in ss 8.11(1) and 8.10(1)(a) of the EPA Act.

3. The proceedings fall within Class 1 of the Court's jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (NSW) (LEC) Act.

4. The statutory power or function to be exercised by the court is s 4.16(1) of the EPA Act.

5. The DA includes the following (Council's Amended Statement of Facts and Contentions filed 4 February 2025, pp 1-63) (SOFAC):

1) Retention of the semi-detached dwellings (two dwellings).

2) Demolition of boundary fencing, rear garage and key kitchen elements such as the stove at 16 Salisbury Road.

3) Change of use of the existing semi-detached dwellings into a single dwelling house.

4) Boundary re-alignment to change the lot size of two existing lots into two new Torrens title allotments, which are to facilitate the following built forms:

a) 16 Salisbury Road (proposed Lot 11): This lot would comprise the two semi-detached dwellings changed into one dwelling,

b) 18 Salisbury Road (proposed Lot 10): This lot would become a vacant allotment for the purpose of a future dwelling to be constructed.

5) The re-alignments results in 16 Salisbury Road having an area of 307.2m2 (presently 495m2), and 18 Salisbury Road having an area of 440.8m2 (presently 253m2).The DA does not include the construction of a new dwelling on proposed Lot 10. However, a concept building forms part of the DA to demonstrate that the proposed Lot 10 can accommodate a compliant dwelling.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1985f19ccb15e6ec0c033ac7)

Disclaimer: Curated by HT Syndication.