Gazzard v Inner West Council [2020] NSWLEC 1244

Land and Environment Court New South Wales

Medium Neutral Citation: Gazzard v Inner West Council [2020] NSWLEC 1244 Hearing dates: Conciliation conference on 15 May 2020 Date of orders: 05 June 2020 Decision date: 05 June 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court Orders: (1) Leave is granted to the applicant to amend the development application and rely on the amended plans listed in condition 4 of Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application in the amount of $13,500 payable within 28 days of this agreement. (3) The applicant's written requests under clause 4.6 of the Leichhardt Local Environmental Plan 2013 seeking a variation of the development standards for floor space ratio and site cover under clauses 4.3A and 4.4 of the Leichhardt Local Environmental Plan 2013 are upheld. (4) The appeal is upheld. (5) Development consent is granted to development application D/2018/585 for demolition of existing building on site with the exception of the two storey building located on the south-eastern portion of the site; adaptive reuse of the existing two storey building located on the south-eastern portion of the site to a dwelling; construction of a two storey building to provide 3 dwellings; provide 3 carparking spaces at grade to Lilyfield Road frontage at 59 Lilyfield Road, Rozelle is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Richard Gazzard (First Applicant) Charon Cavers (Second Applicant) Inner West Council (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicants) S Turner (Solicitor) (Respondent)