Group Architects Pty Ltd v Willoughby City Council [2026] NSWLEC 1406
Before: Swan AC · NSW Land and Environment Court
Summary
This appeal is lodged by Group Architects Pty Ltd pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the actual refusal of development application DA-2024/296. As amended, the development application (DA) seeks consent for demolition of an existing building and construction of a storage premises on Lot 1 DP 663544, known as 157 Lower Gibbes Street, Chatswood (the site). A conciliation conference was held between the parties on 15 May 2026 pursuant
Catchwords
DEVELOPMENT APPLICATION – demolition of decommissioned substation building – storage premises - conciliation conference – agreement between the parties – orders made
Outcome
The Court orders that: (1) In accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of the amendment in the agreed sum of $8,000. (2) The appeal is upheld. (3) Development Application DA-2024/296 for the demolition of an existing building and construction of a storage premises on Lot 1 DP 663544, known as 157 Lower Gibbes Street, Chatswood NSW, is determined by the grant of development consent subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Willoughby Local Environmental Plan 2012, cll 2.3, 2.7, 4.4, 5.21, 6,1, 6.2,
Read the full judgment
Authoritative text on NSW Caselaw · ~13k words
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