Parisi v Inner West Council [2020] NSWLEC 1601

Land and Environment Court New South Wales

Medium Neutral Citation: Parisi v Inner West Council [2020] NSWLEC 1601 Hearing dates: 13, 14, 16 and 23 October 2020, and 18 November 2020 Date of orders: 3 December 2020 Decision date: 03 December 2020 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) Leave granted to the Applicant to rely upon amended plans dated 14 October 2020. (2) The appeal is upheld. (3) Development consent is granted for Development Application number DA/2020/0286 for demolition of the existing dwelling, subdivision of the site and construction of 2, two-storey townhouses with on-site parking on land identified as Lot 8 in Deposited Plan 11121 and known as 2 Caroline Street, Balmain, in accordance with the condition included at Annexure 'A'. Catchwords: DEVELOPMENT – heritage (cultural and cultural/archaeology) – overshadowing – views – privacy – car parking – setback – FSR Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Heritage Act 1977 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 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Tenacity Consulting Pty Ltd v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Australian Standard AS/NZS 2890.1:2004 Parking facilities Part 1: Off-street car parking Leichhardt Development Control Plan 2013 Land and Environment Court of NSW, Covid-19 Pandemic Arrangements Policy (July 2020) Category: Principal judgment Parties: Gary Gaetano Anthony Parisi (Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) N Eastman (Respondent)