Clarke v Inner West Council (No 2) [2020] NSWLEC 1372

Land and Environment Court New South Wales

Medium Neutral Citation: Clarke v Inner West Council (No 2) [2020] NSWLEC 1372 Hearing dates: 2 July 2020 Date of orders: 2 July 2020 Decision date: 02 July 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended shadow plans prepared by Innovate Architecture ('Shadow Calculations - Existing Hedge Along Boundary & 5.5m Wide Hedge At 4m High' Drawing no. 11/C dated April 2020) and amended clause 4.6 variation statement prepared by Planning Ingenuity dated 18 May 2020 for the purpose of the development application. (2) The clause 4.6 written request to vary the landscape development standard under cl 4.3A of the Leichhardt Local Environmental Plan 2013 is approved. (3) The appeal is upheld. (4) Development Application DA/2019/489 for alterations and additions to existing terrace including a new pergola and outdoor barbeque area is approved subject to the conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – Federation cottage – deficient landscaped area – artificial turf Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 Cases Cited: Clarke v Inner West Council [2020] NSWLEC 1269 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Randwick City Council v Micaul Holdings Pty Ltd (2016) 225 LGERA 94: [2016] NSWLEC 7 Category: Principal judgment Parties: Michael Clarke (Applicant) Inner West Council (Respondent) Representation: K Huxley (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)