Yip v Inner West Council [2022] NSWLEC 1547

Land and Environment Court New South Wales

Medium Neutral Citation: Yip v Inner West Council [2022] NSWLEC 1547 Hearing dates: Conciliation conference on 14 and 15 September 2022 Date of orders: 07 October 2022 Decision date: 07 October 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Consent is granted for Development Application DA/2022/250, as amended, for the demolition of existing structures and construction of a new dwelling house at Lot A in DP 390835, known as 176 Beattie Street, Balmain, subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition – construction - residential - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, Pt 4 Environmental Planning and Assessment Regulation 2021 Inner West Local Environmental Plan 2022, Sch 5, cl 1.8A Interpretation Act 1987, s 30A Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013, Sch 5, cll 4.3, 4.4, 5.10, 5.21, 6.1, 6.2 Local Land Services Act 2013, s 60O State Environmental Planning Policy (Biodiversity & Conservation) 2021, s 2.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Ch 2 State Environmental Planning Policy No. 55 – Remediation of Land, cl 7 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Hiu Kwan Yip (Applicant) Inner West Council (Respondent) Representation: Counsel: Dr S Berveling (Applicant) G Appleby (Solicitor) (Respondent)