Londish v Inner West Council [2021] NSWLEC 1205

Land and Environment Court New South Wales

Medium Neutral Citation: Londish v Inner West Council [2021] NSWLEC 1205 Hearing dates: Conciliation conference on 11 and 12 February 2021, and 2 March 2021 Date of orders: 29 April 2021 Decision date: 29 April 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The Applicant is granted leave to amend Development Application No. DA/2020/0712 and rely upon the following amended plans and documents, which are referenced in Condition 1 at Annexure 'A'. (2) The appeal is upheld. (3) Development Application number DA/2020/0712 for ground floor alterations and first floor additions to the existing dwelling, including new garage with studio above and associated works (as amended) on land identified as Lot 37 in Deposited Plan 666421 and known as 39 Llewellyn Street, Marrickville NSW 2041, is approved in accordance with the conditions included at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – Alterations and additions to a dwelling and new garage with studio in a heritage conservation area – conciliation conference – agreement between the parties Legislation Cited: Draft Inner West Local Environmental Plan 2020 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Marrickville Local Environmental Plan 2011 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Texts Cited: AS 2021:2015 Acoustics – Aircraft noise intrusion – Building siting and construction Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (December 2020) Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Joshua Londish (Applicant) Inner West Council (Respondent) Representation: Counsel: S Berveling (Applicant) S Turner (Solicitor) (Respondent)