Brookes v Inner West Council [2022] NSWLEC 1469

Land and Environment Court New South Wales

Medium Neutral Citation: Brookes v Inner West Council [2022] NSWLEC 1469 Hearing dates: Conciliation conference on 12 & 18 August 2022 Date of orders: 08 September 2022 Decision date: 08 September 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to amended development application DA/2021/1132 seeking the demolition of the existing dwelling, and the construction of a new dwelling consisting of single and double storey sections and related landscaping on Lot 261 DP 1071073, known as 13 Sutton Street, Balmain, subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, ss 34, 34AA Leichhardt Local Environmental Plan 2013, cll 4.3A, 4.4, 4.4A, 5.10, 6.1 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land (repealed) cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Christopher Brookes (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)