Perry v Inner West Council [2021] NSWLEC 1146

Land and Environment Court New South Wales

Medium Neutral Citation: Perry v Inner West Council [2021] NSWLEC 1146 Hearing dates: Conciliation conference 5 March 2021 Date of orders: 19 March 2021 Decision date: 19 March 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA2020/1036 for alterations and additions to the existing building at 168-170 Australia Street, Newtown (Lot 21 DP 7) to provide 2 x semi detached dwellings and the Torrens Title subdivision of these dwellings is approved subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – alterations to existing buildings – subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 cl 49 Land and Environment Court Act 1979 s 34 Marrickville Local Environmental Plan 2011 cll 2.7, 5.10, 6.2, 6.3, 6.4, 6.5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land cl 7 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Category: Principal judgment Parties: James Perry (First Applicant) George Perry (Second Applicant) Inner West Council (Respondent) Representation: Counsel: M Driscoll (Solicitor) (Applicants) S Turner (Solicitor) (Respondent)