A 26-storey residential development at 691-699 Pacific Highway, Chatswood, initially rejected by Willoughby City Council and the Sydney North Planning Panel (SNPP), has been approved by the NSW Land and Environment Court (LEC) following an appeal by DPG Project 38 Pty Ltd. The decision marks a significant turn in the approval process for the high-rise mixed-use project, which had faced opposition due to concerns over height, density, and strategic planning inconsistencies.
The court ruling on 19 February 2025 grants consent to the demolition of existing structures and the construction of a high-density residential tower with 89 residential apartments and four levels of basement parking. The approval follows amendments made to address key planning concerns raised by Willoughby City Council and the Sydney North Planning Panel (SNPP).
Background: The Initial Refusal
The original development application (DA-2023/166) was lodged on 28 June 2023 and was assessed under the Willoughby Local Environmental Plan 2012 (WLEP 2012). The proposal included:
- Demolition of existing structures and removal of all trees on the site.
- Construction of a 26-storey residential flat building with 89 residential units:
- 16 x 1-bedroom
- 26 x 2-bedroom
- 45 x 3-bedroom
- 2 x 4-bedroom
- Four levels of basement parking with 57 car spaces.
- Public through-site links to improve pedestrian connectivity.
- Landscaping and stormwater drainage works.
- Strata subdivision to facilitate the sale of individual units.
Despite the proposal’s alignment with Chatswood’s increased density zoning, the Sydney North Planning Panel (SNPP) and Willoughby City Council refused the application on 2 September 2024, citing 16 key reasons.
Reasons for Refusal
The SNPP and Council’s refusal was primarily based on height non-compliance, failure to meet strategic planning objectives, and inadequate infrastructure provisions. The main concerns included:
- Excessive Building Height and Floor Space Ratio (FSR)
- The proposed 90m height was significantly higher than the previous control of 12m.
- The 6:1 floor space ratio (FSR) was well above the original 0.9:1 limit.
- The applicant submitted a Clause 4.6 variation request, but the SNPP deemed it not well-founded.
- Strategic Planning Inconsistencies
- The development was inconsistent with the Chatswood CBD Planning and Urban Design Strategy and Greater Sydney Region Plan.
- The MU1 Mixed Use zoning required non-residential ground-floor uses, but the proposal was predominantly residential.
- The site was within a precinct targeted for commercial and retail activation, and the lack of active frontage raised concerns about its integration into the area.
- Affordable Housing Contribution Deficiency
- The Willoughby LEP 2012 required 10% of the development’s gross floor area to be allocated to affordable housing.
- The developer did not provide a satisfactory planning agreement to secure this contribution.
- Traffic, Parking, and Infrastructure Issues
- Increased congestion on Pacific Highway was a major concern.
- Insufficient visitor parking provisions.
- Transport for NSW (TfNSW) required further stormwater and road infrastructure approvals.
- Design and Amenity Concerns
- Overshadowing impacts on the Chatswood Croquet Club and Bowling Club.
- Poor articulation of tower design and lack of deep soil zones for adequate landscaping.
- High proportion of single-orientation apartments, reducing ventilation and energy efficiency.
- Unresolved WaterNSW Approval
- Groundwater dewatering impacts required approval under the Water Management Act 2000.
- WaterNSW had not issued General Terms of Approval (GTA) at the time of refusal.
Given these unresolved matters, the SNPP upheld Council’s recommendation for refusal, prompting the applicant, DPG Project 38 Pty Ltd, to appeal the decision in the NSW Land and Environment Court.
Court Proceedings and Amendments
Following the developer’s appeal (LEC No. 2024/00046467), the NSW Land and Environment Court conducted multiple conciliation conferences on:
- 3 September 2024
- 29 October 2024
- 19 February 2025
Through these proceedings, the applicant made several amendments to address the Council and SNPP’s concerns, leading to the eventual approval of the development.
Artist impression by Squillace
Key Amendments Leading to Approval
- Affordable Housing Contribution Secured
- The developer agreed to enter into a Planning Agreement (VPA), ensuring a 10% monetary contribution towards affordable housing, as per Clause 6.8 of WLEP 2012.
- Modifications to Address Strategic Planning Concerns
- Better integration with adjacent sites to align with the Chatswood CBD Urban Design Strategy.
- Improved pedestrian links to enhance public connectivity.
- Traffic and Parking Adjustments
- Reduced car parking spaces to meet Transport for NSW’s (TfNSW) recommendations.
- Revised vehicle access points to improve safety and minimize congestion.
- Design Improvements
- Enhanced façade articulation to improve aesthetics and reduce visual bulk.
- Additional landscaping and deep soil zones for increased greenery.
- Adjustments to overshadowing impacts, particularly on the Chatswood Croquet Club.
- WaterNSW Approval Secured
- Necessary groundwater approvals under the Water Management Act 2000 were obtained.
Following these revisions, the NSW Land and Environment Court determined that the development was now suitable for approval.
Final Court Decision
On 19 February 2025, the NSW Land and Environment Court ruled in favour of DPG Project 38 Pty Ltd, granting development consent for the 26-storey tower. The approval is subject to conditions to ensure compliance with affordable housing contributions, traffic management, design amendments, and infrastructure improvements.
Project Team
- Developer: DPG Project 38 Pty Ltd
- Urban Planner: J V Urban
- Architect: Squillace Architects
- Urban Design Consultant: DEM Architects
- Traffic and Parking Consultant: TTPP
- Arborist: Anne Clements & Associates
- Acoustic Consultant: Resonate
- Wind Consultant: CPP Pty Ltd
- Contamination and Geotechnical Consultant: EI Australia
- Flooding Consultant: SCG
- Heritage Consultant: NBRS
- Stormwater Consultant: Projected Design Management
- Surveyor: Usher & Company
For more details, search the application number DA-2023/166 on the Willoughby City Council website.
