Young v Inner West Council [2022] NSWLEC 1574

Land and Environment Court New South Wales

Medium Neutral Citation: Young v Inner West Council [2022] NSWLEC 1574 Hearing dates: Conciliation conference on 26 August 2022, 16 and 23 September 2022 Date of orders: 20 October 2022 Decision date: 20 October 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development Application No. DA/2020/0839, for alterations and additions, changes in hours of operation and an increase in patron capacity at 323 King Street, Newtown NSW 2042 (Lot 1 DP 177710), is determined by the grant of consent, subject to the conditions of consent as set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to retail premises – 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 Land and Environment Court Act 1979, s 34 Inner West Local Environmental Plan 2022, cl 1.8A Marrickville Local Environmental Plan 2011, Sch 5, cll 4.3, 4.4, 5.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport & Infrastructure) 2021, s 2.119 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Kathryn Young (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Morton (Solicitor) (Respondent)