Grant v Inner West Council [2021] NSWLEC 1341

Land and Environment Court New South Wales

Medium Neutral Citation: Grant v Inner West Council [2021] NSWLEC 1341 Hearing dates: Conciliation Conference on 24 May 2021 Date of orders: 10 June 2021 Decision date: 10 June 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) Condition 7 is amended as follows: Prior to the issue of a Construction Certificate, the Certifying Authority is required to be provided with amended drawings that demonstrate the kitchen layout to show the location of the former chimney breast in permanent materials such as plaster board for ceiling, tiling or other floor finishes for the floor. It is recommended that some of the brickwork be retained where practical. (2) The appeal is upheld. (3) Development Application number DA/2020/0606 for alterations and additions to an existing dwelling, including an attached studio to an existing garage on land identified as Lot 5 in Deposited Plan 2681 and known as 108 Victoria Street, Ashfield NSW 2131, is approved in accordance with the conditions included at Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – residential – amending conditions of consent – heritage – orders Legislation Cited: Ashfield Local Environmental Plan 2013, cl 5.10 Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34 Texts Cited: Inner West Comprehensive Development Control Plan 2016 Category: Principal judgment Parties: Bridget Grant (First Applicant) Leonardo Cirillo (Second Applicant) Inner West Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicants) S Turner (Solicitor) (Respondent)