Weston v Inner West Council [2021] NSWLEC 1654

Land and Environment Court New South Wales

Medium Neutral Citation: Weston v Inner West Council [2021] NSWLEC 1654 Hearing dates: Conciliation conference on 19 October 2021 Date of orders: 27 October 2021 Decision date: 27 October 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The clause 4.6 requests for variations to the site coverage and floor space ratio development standards (prepared by Weir Phillips Heritage and Planning, dated 18 October 2021) under clauses 4.3A(3)(b) and 4.4(2B)(a)(ii), respectively, of the Leichhardt Local Environmental Plan 2013 are upheld. (2) The appeal is upheld. (3) Development Application number DA/2021/0138, as amended, for alterations and additions to the existing dwelling, new carport and swimming pool on land identified as Lot 59, Section 8 in Deposited Plan 1162 and known as 251 Lilyfield Road, Lilyfield NSW 2040, is approved in accordance with the conditions included at Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – residential – alterations and additions – cl 4.6 written request to justify contravention of floor space ratio development standard – cl 4.6 written request to justify contravention of site coverage development standard – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.8 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013, cll 1.2, 1.3, 2.3, 4.3, 4.3A, 4.4, 4.6, 6.1, 6.2, 6.4, 6.8, Schedule 5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cl 3 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Adam Robert Weston (First Applicant) Katina Nonie Weston (Second Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) R Wilcher (Solicitor) (Respondent)