Mod Urban Pty Ltd v Inner West Council [2022] NSWLEC 1226

Land and Environment Court New South Wales

Medium Neutral Citation: Mod Urban Pty Ltd v Inner West Council [2022] NSWLEC 1226 Hearing dates: Conciliation Conference on 11 March 2022 Date of orders: 03 May 2022 Decision date: 03 May 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. DA2021/0482, as amended, to demolish the existing garage and part of the wall to Fitzroy Lane, and to construct a double garage with a room over, at 69 Albermarle Street, Newtown, is determined by the grant of consent, subject to the conditions at Annexure A. (3) The Applicant is to pay the costs of the Respondent thrown away as a result of the amendment of the development application, as agreed or assessed, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling to construct a new double garage and room over – local heritage item – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, cl 3 of Sch 6 Land and Environment Court Act 1979, ss 34, 39 Marrickville Local Environmental Plan 2011, cl 4.3, 4.4, 4.6, 5.10. Sch 5 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Mod Urban Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) G Christmas (Solicitor) (Respondent)