The Trustee for Novabal trading as Novabal Pty Ltd v Inner West Council [2021] NSWLEC 1523

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for Novabal trading as Novabal Pty Ltd v Inner West Council [2021] NSWLEC 1523 Hearing dates: Conciliation conference on 6 September 2021 Date of orders: 10 September 2021 Decision date: 10 September 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent is granted to DA/2020/0751 for the part demolition of existing buildings to construct a mixed use development comprising 4 commercial/retail premises and 15 boarding rooms at 9-11 Beattie Street, Balmain subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, Sch 1 Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 29, 30, 30A, Div 3 State Environmental Planning Policy (Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: The Trustee for Novabal trading as Novabal Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)