Boddam-Whetham v Inner West Council [2022] NSWLEC 1458

Land and Environment Court New South Wales

Medium Neutral Citation: Boddam-Whetham v Inner West Council [2022] NSWLEC 1458 Hearing dates: Conciliation conference on 22 and 23 August 2022 Date of orders: 02 September 2022 Decision date: 02 September 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: 1) The appeal is upheld. 2) Development Application number DA/2021/0326, as amended, for alterations and additions to the existing dwelling, landscaping and parking on land identified as Lots 28 and 29 in Deposited Plan 1053557 and known as 36 Hopetoun Street, Camperdown NSW 2050, 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 Marrickville Local Environmental Plan 2011 cll 2.3, 5.10, 6.1, 6.2 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: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Andrew Dennis Boddam-Whetham (First Applicant) Amelia Elizabeth Goldsmith (Second Applicant) Inner West Council (Respondent) Representation: Solicitors: S Griffiths, Bartier Perry Lawyers (Applicants) S Turner, Inner West Council (Respondent) File Number(s): 2022/119957 Publication restriction: Nil