Beaini Corp Pty Ltd v Inner West City Council [2022] NSWLEC 1560

Land and Environment Court New South Wales

Medium Neutral Citation: Beaini Corp Pty Ltd v Inner West City Council [2022] NSWLEC 1560 Hearing dates: Conciliation conference on 21 September 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) Development Application DA/2022/0104 for the demolition of all existing structures and the construction of a two storey semi-detached dwelling with carparking, associated landscaping and site works at 104 William St, Leichhardt, is determined by the grant of Development Consent, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – semi-detached dwellings – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Leichhardt Local Environmental Plan 2013, cll 2.3, 2.7, 5.10, 5.21, 6.1, 6.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Category: Principal judgment Parties: Beaini Corp Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)