| Case Title: | HPCD Capital No. 2 Pty Ltd v Willoughby City Council [2025] NSWLEC 1839 (28 Nov 2025) |
| Court: | New South Wales Land and Environment Court |
| Parties: | HPCD Capital No., 2 Pty Ltd (Applicant) Willoughby City Council (Respondent) |
| Property: | 443 Willoughby Road, Willoughby NSW 2068 [Lot 11, DP 596489] |
| Date of Orders: | 28 November 2025 |
This matter concerns the lodgement of a development application for construction of a childcare centre, which was refused by the Respondent, Willoughby City Council (Development Application No. DA 2024/12).
An Amended Development Application was subsequently prepared, which included the following changes:
- 130 childcare spaces (reduced from 165);
- The reconfiguration of each floor;
- Ground level to be raised above the probable maximum flood level;
- Erection of a solid boundary wall around the perimeter and other additional overland flow protections;
- Upgrade to stormwater infrastructure;
- Retention of a Himalayan Cedar Tree;
- Installation of a pop-up flood gate and other flood-prevention measures;
- Works to increase height in the basement carpark
The property’s existing three storey brick building is used as Willoughby Squash Club. It also has a 3.90m drainage easement.
The main issues remaining after various changes to the original development application pertain to flooding and emergency management measures.
The Respondent asserted (with expert evidence) that the flood function of the land is a ‘floodway’; incompatible with the function of a childcare centre. The Applicant’s expert witness describes the flood function of the Subject Land as ‘flood storage’, and that the mitigation and management measures deem the land compatible with a childcare centre development.
With regard to other flood and emergency management-related matters, the parties agreed to conditions for approval of the development application.
The court ruled that approval should be given with the amendments made.
To read the full judgement, CLICK HERE.
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Author: Anna Rosemarie
Entrepreneur