Sukkar v Inner West Council [2021] NSWLEC 1541

Land and Environment Court New South Wales

Medium Neutral Citation: Sukkar v Inner West Council [2021] NSWLEC 1541 Hearing dates: Conciliation conference held on 16 August 2021 Date of orders: 17 September 2021 Decision date: 17 September 2021 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent costs thrown away in respect of the amended plans in the sum of $6,000 within 28 days of the date of this order. (2) Appeal upheld. (3) Development Application DA/2020/583 for demolition of existing structures and construction of a residential flat development with basement car parking at 314 Liverpool Road, Ashfield is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – residential flat building – flood management – amenity – conciliation conference – agreement between the parties – orders Legislation Cited: Ashfield Local Environmental Plan 2013, cll 2.3, 4.3, 4.6, 5.10, 5.21, 6.2 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 101 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Texts Cited: Apartment Design Guide, NSW Department of Planning and Environment Inner West Comprehensive Development Control Plan 2016 Category: Principal judgment Parties: Tony Sukkar (Applicant) Inner West Council (Respondent) Representation: Counsel: J Smith (Applicant) S Turner (Solicitor) (Respondent)