Capolupo v Inner West Council [2021] NSWLEC 1077

Land and Environment Court New South Wales

Medium Neutral Citation: Capolupo v Inner West Council [2021] NSWLEC 1077 Hearing dates: 15 and 16 December 2020 Date of orders: 18 February 2021 Decision date: 18 February 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA/2020/0438 for alterations and additions to the existing dwelling upon the land be granted consent subject to the conditions of consent set out in Annexure 'A'. (3) The exhibits are returned, other than exhibits 1, 4, A and B. Catchwords: DEVELOPMENT APPLICATION – Haberfield Heritage Conservation Area – orders by consent Legislation Cited: Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 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 Texts Cited: Comprehensive Inner West Development Control Plan 2016 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Category: Principal judgment Parties: Lou Capolupo (First Applicant) Fay Capolupo (Second Applicant) Inner West Council (Respondent) Representation: Counsel: D Briggs (Solicitor) (Applicants) S Turner (Solicitor) (Respondent)