Rahe v Inner West Council [2022] NSWLEC 1371

Land and Environment Court New South Wales

Medium Neutral Citation: Rahe v Inner West Council [2022] NSWLEC 1371 Hearing dates: 6 July 2022 Date of orders: 13 July 2022 Decision date: 13 July 2022 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: (1) The appeal is upheld (2) Leave is granted for the Applicant to amend the Application Class 1 so as to rely on the amended materials included at Annexure "A". (3) The Applicant's written request, prepared by Weir Phillips Heritage dated 23 June 2022, to vary the floor space ratio development standard of clause 4.4(2B)(d)(ii) of the Leichhardt Local Environmental Plan 2013 (pursuant to clause 4.6 of the Leichhardt Local Environmental Plan 2013) is upheld. (4) Development Application number DA/2021/0014, as amended, for demolition of the existing dwelling, construction of a two-storey dwelling house above a basement on land identified as Lot 10 in Deposited Plan 1272298 and known as 38 Denison Street, Rozelle, be approved subject to the conditions included at Annexure "B". (5) The exhibits are returned, other than exhibits C and 1 which are retained. Catchwords: DEVELOPMENT APPLICATION – dwelling house – floor space ratio – streetscape Legislation Cited: Leichhardt Local Environmental Plan 2013, cll 4.3A, 4.4, 4.6, 5.10, 6.1, 6.2, 6.4 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Chahrazad Rahe (Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) M Pearce (Solicitor) (Respondent)