Balmain Shipwrights Pty Ltd v Inner West Council [2022] NSWLEC 1319

Land and Environment Court New South Wales

Medium Neutral Citation: Balmain Shipwrights Pty Ltd v Inner West Council [2022] NSWLEC 1319 Hearing dates: 14-15 June 2022 Date of orders: 23 June 2022 Decision date: 23 June 2022 Jurisdiction: Class 1 Before: Walsh C Decision: See orders at [45] Catchwords: DEVELOPMENT APPLICATION – alterations and additions to Victorian terrace – heritage conservation – desired future character – bulk, form and scale – compatibility Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Leichhardt Local Environmental Plan 2013, cll 4.4, 4.4A, 5.10, 6.2, 6.4, 6.11A State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Cases Cited: Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Leichardt Development Control Plan 2013 Category: Principal judgment Parties: Balmain Shipwrights Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Pearman (Applicant) R Wilcher (Solicitor) (Respondent)

Solicitors: Bartier Perry Pty Ltd (Applicant) Inner West Council (Respondent) File Number(s): 21/348236 Publication restriction: No

Judgment 1. This is a Class 1 appeal under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by Inner West Council (Council) of Development Application No. DA/2021/0757 (DA). The DA seeks consent for alterations and additions to the existing building, including a new awning at the front of the site, enclosure of the existing car parking space at the rear of the site and a two-storey residential dwelling above the car parking space, at 358 Darling Street, Balmain (site).