Freeman v Inner West Council [2020] NSWLEC 1282

Land and Environment Court New South Wales

Medium Neutral Citation: Freeman v Inner West Council [2020] NSWLEC 1282 Hearing dates: Conciliation conference on 24 June 2020 Date of orders: 01 July 2020 Decision date: 01 July 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Applicant is granted leave to amend the modification application to incorporate the Rear Deck Plan prepared by Vaughan Architects dated 22 June 2020 and filed on 24 June 2020. (2) The appeal is upheld. (3) Modification Application M/2019/201 to modify Determination No. D/2018/189 189 for alterations and additions to an existing dwelling- house, and associated works, including construction of a new swimming pool at rear, tree removal and replacement of shed at 67 Ballast Point Road, Birchgrove dated 15 April 2019, is approved subject to the amended conditions at Annexure "A" and the development consent as modified is subject to the consolidated conditions contained in Annexure "B". Catchwords: MODIFICATION APPLICATION – 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 Cases Cited: Calardu Penrith Pty Ltd v Penrith City Council [2010] NSWLEC 50 Parrott v Kiama Municipal Council [2004] NSWLEC 77 Radray Constructions Pty Ltd v Hornsby Shire Council (2006) 145 LGERA 292; [2006] NSWLEC 155 Sanctuary Investments Pty Ltd v Baulkham Hills Shire Council (2006) 153 LGERA 355; [2006] NSWLEC 733 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs 228 CLR 152; [2006] HCA 63 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Robert Freeman (First Applicant) Katrina Freeman (Second Applicant) Inner West Council (Respondent) Representation: Counsel: S Patterson (Applicants) S Turner (Respondent)