Burns v Inner West Council [2020] NSWLEC 1475

Land and Environment Court New South Wales

Medium Neutral Citation: Burns v Inner West Council [2020] NSWLEC 1475 Hearing dates: Conciliation conference on 22 September 2020 Date of orders: 09 October 2020 Decision date: 09 October 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 4 of the conditions at 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 $2,500.00, payable within 28 days of these orders. (3) The appeal is upheld. (4) Development Application No. D/2019/292 for alterations and additions to the existing dwelling, demolition of the existing garage at rear of site and replacement with a new two storey building to be used as a secondary dwelling and associated works, at 182 Darling Street, Balmain, is approved, subject to the conditions at annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 State Environment Planning Policy (Affordable Rental Housing) 2009 Category: Principal judgment Parties: Ryan Burns (Applicant) Inner West Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) S Allam (Solicitor) (Respondent)