Wilk v Inner West Council [2020] NSWLEC 1377

Land and Environment Court New South Wales

Medium Neutral Citation: Wilk v Inner West Council [2020] NSWLEC 1377 Hearing dates: Conciliation conference on 17 August 2020 Date of orders: 19 August 2020 Decision date: 19 August 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend Development Application D/2018/639 and to rely upon the amended plans and documents listed in Condition 1 of Annexure "A" hereto. (2) The Applicant's written request to vary the floor space ratio development standard at clause 4.4(2B)(d)(ii) of the Leichhardt Local Environmental Plan 2013, made pursuant to clause 4.6 of the Leichhardt Local Environmental Plan 2013, is upheld. (3) The appeal is upheld. (4) Development consent for Development Application D/2018/639 for the ground and first floor works alterations to the existing dwelling at 36 Moore Street, Rozelle NSW 2039 is granted subject to the conditions of consent annexed hereto and marked "A". Catchwords: DEVELOPMENT APPLICATION – alterations and additions to dwelling house – heritage conservation area – agreement between the parties – conciliation conference – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 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 Texts Cited: Planning Circular PS 20-002 Category: Principal judgment Parties: Mateusz Jan Wilk (Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)