Seehusen v Inner West Council [2021] NSWLEC 1383

Land and Environment Court New South Wales

Medium Neutral Citation: Seehusen v Inner West Council [2021] NSWLEC 1383 Hearing dates: Conciliation conference on 27 May 2021, final agreement filed 27 May 2021 Date of orders: 2 July 2021 Decision date: 02 July 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The orders of the Court are: (1) The Applicants are granted leave to amend Development Application DA/2020/0669 and rely upon the amended plans referenced in condition number 4 at Annexure 'A'. (2) The appeal is upheld. (3) Consent is granted to Development Application DA/2020/0669 for alterations and additions to the existing dwelling on land identified as Lot 4 in Deposited Plan 442807 and known as 4 Sardinia Place, Birchgrove NSW 2041, subject to the conditions of consent included at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – dwelling house – alterations and additions – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Leichhardt Local Environmental Plan 2013, cll 2.3, 4.3A, 4.4, 5.10, 6.1, 6.2, 6.3, 6.4 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 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: David Benjamin Seehusen (First Applicant) Rosemary Camilla Jones (Second Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicants) S Allam (Solicitor) (Respondent)