Grigg v Inner West Council [2021] NSWLEC 1061

Land and Environment Court New South Wales

Medium Neutral Citation: Grigg v Inner West Council [2021] NSWLEC 1061 Hearing dates: Conciliation conference on 28 and 29 January 2021, final agreement filed 10 February 2021 Date of orders: 16 February 2021 Decision date: 16 February 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The Applicant is granted leave to amend Development Application No. DA/2020/0364 and rely upon the following amended plans and documents, which are referenced in Condition 1 at Annexure 'A'. (2) The applicant's request pursuant to clause 4.6 of the Leichhardt Local Environmental Plan 2013 (prepared by Weir Phillips Heritage and Planning and dated 29 January 2021 in relation to the landscaped area standard at clause 4.3A(3)(a)(ii) of the Leichhardt Local Environmental Plan 2013), is upheld. (3) The appeal is upheld. (4) Development Application number DA/2020/0364 for alterations and additions to the existing dwelling, including new attic bedroom and side roof terrace (as amended) on land identified as Lot Y in Deposited Plan 402741 and known as 191 Darling Street, Balmain NSW 2041, is approved in accordance with the conditions included at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation con-ference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 State Environmental Planning Policy (Building Sus-tainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land 1998 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Simon Geoffrey Grigg (Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)