Joyce v Inner West Council [2022] NSWLEC 1578

Land and Environment Court New South Wales

Medium Neutral Citation: Joyce v Inner West Council [2022] NSWLEC 1578 Hearing dates: 4 and 5 October 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld; (2) Development Consent is granted to DA 2021/0940 to demolish part of the premises and extend the garage, carry out alterations to the dwelling, construct a single storey studio in the rear yard and install a pool, subject to conditions contained in Annexure 'A' to this judgment. 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, cll 1.8A, 2.3 Land and Environment Court Act 1979, s 34 Marrickville Local Environmental Plan 2011, cll 2.3, 4.3, 4.4, 4.6, 6.1, 6.2, 6.3, 6.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Land and Environment Court of NSW COVID-19 Pandemic Arrangements Policy (April 2021) Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Kenton Joyce (First Applicant) Megan Joyce (Second Applicant) Inner West Council (Respondent) Representation: Counsel: D Briggs (Solicitor)(Applicants) P Brown (Solicitor)(Respondent)