Giacometti v Inner West Council [2021] NSWLEC 1438

Land and Environment Court New South Wales

Medium Neutral Citation: Giacometti v Inner West Council [2021] NSWLEC 1438 Hearing dates: 20 April 2021 – 21 April 2021 Date of orders: 2 August 2021 Decision date: 02 August 2021 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: 1. The appeal is dismissed. 2. Development application D/2019/227 for alterations and additions to existing dwelling house to facilitate conversion into three (3) separate residential units, and associated works, including fencing and landscaping works and demolition of a shed at 64 Hubert Street, Leichhardt, is determined by way of refusal. 3. All exhibits are returned except Exhibits A, B, H, J, L and 8. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – flooding impacts Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Leichhardt Local Environmental Plan 2011, cll 1.2, 4.3, 4.3A, 4.4, 5.21, 6.1, 6.2, 6.3, 6.4, 6.8 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Flood Plain Development Manual, April 2005 Building Code of Australia, Section 3.10.3 Leichhardt Development Control Plan 2013, Section E 1.3.1 Category: Principal judgment Parties: Carlo Giacometti (Applicant) Inner West Council (Respondent) Representation: Counsel: T To (Counsel) (Applicant) S Turner (Respondent)