Munro v Inner West Council [2020] NSWLEC 1240

Land and Environment Court New South Wales

Medium Neutral Citation: Munro v Inner West Council [2020] NSWLEC 1240 Hearing dates: 20-21 April 2020 Date of orders: 01 July 2020 Decision date: 01 July 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon the amended plans listed in Condition 3 of Annexure 'A'. (2) The appeal is upheld. (3) Development consent is granted for Development Application No. D/2019/154 for the demolition of existing structures and construction of a new four-storey dwelling house with new pool and double garage at rear, and associated works, including new fencing and landscaping works, subject to conditions of consent at Annexure 'A'. (4) All Exhibits are returned, except for Exhibits A, T, V and 9. Catchwords: DEVELOPMENT APPLICATION – heritage conservation area – Birchgrove Distinctive Neighbourhood – building bulk, form and scale – building location zone – view loss Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 State Environmental Planning Policy No 55—Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy,(March, 2020) Land and Environment Court of New South Wales, Photomontage Policy Leichhardt Development Control Plan 2013 New South Wales Office of Environment & Heritage, Assessing Heritage Significance, (18 November 2015) Category: Principal judgment Parties: Andrew Munro (First Applicant) Sari Munro (Second Applicant) Inner West Council (Respondent) Representation: D Briggs (Solicitor) (Applicants) S Turner (Solicitor) (Respondent)