Ausbay Construction Pty Ltd v Inner West Council [2022] NSWLEC 1617

Land and Environment Court New South Wales

Medium Neutral Citation: Ausbay Construction Pty Ltd v Inner West Council [2022] NSWLEC 1617 Hearing dates: Conciliation conference on 14 October 2022 Date of orders: 01 December 2022 Decision date: 01 December 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) Leave is granted to the applicant to amend the application and to rely on the amended materials listed under condition 4 of the consolidated conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Consent DA/2020/0051 is modified by Modification Application No. MOD/2021/0555, as amended, for changes to the approved residential flat building, including the addition of a substation; relocation of fire stairs; and changes to the pedestrian entry, materials, waste management and the internal vehicular manoeuvring areas; on land identified as Lot 336 in Deposited Plan 629602 and known as 328-336 Liverpool Road, Ashfield, subject to the consolidated conditions of consent at Annexure A. Catchwords: MODIFICATION APPLICATION – changes to an approved residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, Sch 6, cl 3 Environmental Planning and Assessment Regulation 2000, cl 121B Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development Category: Principal judgment Parties: Ausbay Construction Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)