5ifth Grade Pty Ltd v Inner West Council [2022] NSWLEC 1081

Land and Environment Court New South Wales

Medium Neutral Citation: 5ifth Grade Pty Ltd v Inner West Council [2022] NSWLEC 1081 Hearing dates: 6, 21 December 2021 and 31 January 2022, final agreement filed 9 February 2022 Date of orders: 17 February 2022 Decision date: 17 February 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/2020/0165 and rely on the amended plans and documents listed at condition 1 of Annexure A. (2) The appeal is upheld. (3) Consent is granted to Development Application DA2020/0165 for alterations and additions to the existing heritage building, including restoration works and the provision of an additional residential dwelling, at 139 Catherine Street, Leichhardt, subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – heritage item – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013, cll 4.4, 5.10, 6.1 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (December 2021) Category: Principal judgment Parties: 5ifth Grade Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Sonter and C Marginson (Solicitors) (Applicant) R Wilcher (Solicitor) (Respondent)