Mann v Inner West Council [2021] NSWLEC 1110

Land and Environment Court New South Wales

Medium Neutral Citation: Mann v Inner West Council [2021] NSWLEC 1110 Hearing dates: Conciliation conference on 9 February 2021 Date of orders: 3 March 2021 Decision date: 03 March 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicants are granted leave to rely upon the amended plans and documentation referred to in condition 7 of the conditions at annexure "A". (2) The appeal is upheld. (3) Development consent is granted to Development Application DA 2020/0067 for the demolition of rear stairs, garage roof and internal structure, internal alterations and additions to 2 levels of existing duplex, rear balconies, common area upgrade and attic storage to garage at 136 Victoria Road, Ashfield, subject to the conditions of consent at annexure "B". Catchwords: DEVELOPMENT APPLICATION – heritage conservation – heritage conservation area – alterations and additions – conciliation conference – agreement between parties – orders Legislation Cited: Ashfield Local Environmental Plan 2013, cll 4.3, 5.10 Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Category: Principal judgment Parties: Dean Mann (First Applicant) Dale Mann (Second Applicant) Inner West Council (Respondent) Representation: Counsel: M Anstill (Applicants) A Pearman (Respondent)