Trezetto Pty Ltd v Inner West Council [2022] NSWLEC 1454

Land and Environment Court New South Wales

Medium Neutral Citation: Trezetto Pty Ltd v Inner West Council [2022] NSWLEC 1454 Hearing dates: Conciliation conference on 19 August 2022 Date of orders: 31 August 2022 Decision date: 31 August 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court Orders: (1) The appeal is upheld. (2) Development Application number DA2022/0361 for alterations and additions to an existing building to provide two retail tenancies to the ground floor shop fronts and two residences located behind and above the retail tenancies across two floors including attic space and the realignment of the subdivision line between the two established lots, is determined by the grant of consent, subject to the conditions in 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 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, 2.7, 4.3A, 4.4A, 5.10, 6.1, 6.2, 6.4 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Trezetto Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Solicitors: A Spizzo, Alice Spizzo Advisory (Applicant) R McCulloch, Pikes and Verekers Lawyers (Respondent) File Number(s): 2022/188024 Publication restriction: Nil