Day v Inner West Council [2022] NSWLEC 1441

Land and Environment Court New South Wales

Medium Neutral Citation: Day v Inner West Council [2022] NSWLEC 1441 Hearing dates: Conciliation conference on 11 and 12 August 2022 Date of orders: 24 August 2022 Decision date: 24 August 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: 1) The appeal is upheld. 2) Development Application number DA/2021/0952, as amended, for alterations and additions to the existing dwelling and studio on land identified as Lot 14, Section 26 in Deposited Plan 854 and known as 176 Annandale Street, Annandale, is determined by the grant of consent subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION: conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013, cll 2.3, 4.3A, 4.4, 5.10, 6.1, 6.2, 6.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cl 3 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Jonathan Eric Day (Applicant) Inner West Council (Respondent) Representation: Solicitors: S Griffiths, Bartier Perry Lawyers (Applicant) J Marsland, Apex Planning and Environment Law (Respondent) File Number(s): 2022/123735 Publication restriction: Nil