Ainsworth v Inner West City Council [2022] NSWLEC 1416

Land and Environment Court New South Wales

Medium Neutral Citation: Ainsworth v Inner West City Council [2022] NSWLEC 1416 Hearing dates: Conciliation conference on 30 June and 1 July 2022 Date of orders: 04 August 2022 Decision date: 04 August 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Applicant's written request, pursuant to clause 4.6 of the Leichhardt Local Environmental Plan 2013, seeking a variation to the development standards for site coverage is upheld. (2) The Appeal is upheld. (3) Development Application DA/2021/0841 for the demolition of the existing dwelling and construction of a new multi-level dwelling, carport to rear and associated works including tree removal at Lot 1 DP 543492 (being 115 Short Street, Birchgrove) is determined by the grant of Development Consent, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – new dwelling – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34, 34AA Leichhardt Local Environmental Plan 2013, cll 4.3, 4.3A, 4.6, 5.10, 5.21, 6.1, 6.4 Draft Inner West Local Environmental Plan 2020 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Category: Principal judgment Parties: Belinda Ainsworth (Applicant) Inner West Council (Respondent) Representation: Counsel: R White (Counsel) (Applicant) T March (Counsel) (Respondent)