Geeves v Inner West Council [2021] NSWLEC 1463

Land and Environment Court New South Wales

Medium Neutral Citation: Geeves v Inner West Council [2021] NSWLEC 1463 Hearing dates: Conciliation conference 29 June and 02 August 2021 Date of orders: 16 August 2021 Decision date: 16 August 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Modification Application No MOD/20200416 to modify Development Consent DA201200276 originally granted by the Land and Environment Court on 5 July 2013 to demolish the two single storey dwelling houses and erect a three x two storey dwellings over basement garages with roof top terraces and associated landscaping, modified by Marrickville Council (now Inner West Council) on 13 July 2015, and so as to further modify the Development Consent to approve alterations and additions to the roof terrace to create an enclosed attic level of the dwelling on the land now known as 2 Crown Street, St Peters (Lot 3 DP 1213306) is approved subject to the conditions as modified in Annexure "A". (3) As a consequence of the modification, Development Consent No DA201200276 is subject to the consolidated, modified conditions of consent set out in Annexure "B". (4) Each party to pay its own costs of the proceedings. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2000 cl 121B Land and Environment Court Act 1979 s 34AA Marrickville Local Environmental Plan 2011 cl 4.4 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Geeves, Kent v Marrickville Council [2013] NSWLEC 1117 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468; [1998] NSWSC 163 Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: Kent Geeves (Applicant) Inner West Council (Respondent) Representation: Counsel: P Rigg (Applicant) G Christmas (Solicitor) (Respondent)