Parisi v Inner West Council [2021] NSWLEC 1216

Land and Environment Court New South Wales

Medium Neutral Citation: Parisi v Inner West Council [2021] NSWLEC 1216 Hearing dates: Conciliation conference on 9 April 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The application in proceedings 2021/55816 to modify DA/2020/0286 made pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 is approved. (2) Development consent granted by the Court in proceedings number 177043 of 2020 (Parisi v Inner West Council [2020] NSWLEC 1601) being DA/2020/0286, relating to land identified as Lot 8 in Deposited Plan 11121 and known as 2 Caroline Street, Balmain NSW 2041, is modified by amending condition number 2 (b) in accordance with the modified Conditions of Consent annexed and marked Annexure "A". (3) The Modification Application amended Consent Condition 2 (b) incorporated into the Original Consent DA/2020/0286 as a consolidated set of conditions pertaining to 2 Caroline Street, Balmain – as annexed and marked Annexure "B". Catchwords: MODIFICATION APPLICATION – ground floor levels of garages to comply with Australian Standard AS2890.1-2004 – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 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 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Parisi v Inner West Council [2020] NSWLEC 1601 Texts Cited: Australian/New Zealand Standard AS/NZS 2890.1:2004 Parking Facilities Part 1: Off-street Car Parking