Tims v Inner West Council [2020] NSWLEC 1482

Land and Environment Court New South Wales

Medium Neutral Citation: Tims v Inner West Council [2020] NSWLEC 1482 Hearing dates: Conciliation conference on 21 September 2020 Date of orders: 15 October 2020 Decision date: 15 October 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) The Development Control Order dated 16 June 2020 issued by the Respondent to the Applicants ("the Order") is modified to order that: (a) The Applicants are to complete the works in accordance with the sketch plan which is Annexure A, so that the screening louvres are to be timber and the blades are to overlap so as to prevent a direct line of sight through to the windows behind when viewed externally from a horizontal plane at the same height as the windows. (b) The Applicants are to comply with the Order as modified within 90 days of the date of these orders. Catchwords: DEVELOPMENT CONTROL ORDER — appeal — conciliation conference — agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Anthony Robert Tims (First Applicant) Penelope Lomax (Second Applicant) Inner West Council (Respondent) Representation: Counsel: T Ward (Solicitor) (Applicants) G Christmas (Solicitor) (Respondent)

Solicitors: Pikes & Verekers Lawyers (Applicants) Apex Planning and Environment Law (Respondent) File Number(s): 2020/205943 Publication restriction: Nil