Boston Blyth Fleming Pty Limited v Inner West Council [2020] NSWLEC 1550

Land and Environment Court New South Wales

Medium Neutral Citation: Boston Blyth Fleming Pty Limited v Inner West Council [2020] NSWLEC 1550 Hearing dates: Conciliation conference on 23 September 2020 Date of orders: 09 November 2020 Decision date: 09 November 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The applicant is granted leave to amend the development application to rely upon the amended architectural plans referred to in condition 1 of the conditions of consent at Annexure A. (2) Pursuant to s 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 $6000 payable within 28 days of these orders. (3) The appeal is upheld. (4) Development Application No. D/2019/113 for alterations and additions to the existing building and change of use to a boarding house and ground floor café at 145 Darling Street, Balmain, is approved, subject to the conditions of consent 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 Environmental Planning Policy (Affordable Rental Housing) 2004 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Boston Blyth Fleming Pty Limited (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Turner (Solicitor) (Respondent)