Parisi v Inner West Council [2022] NSWLEC 1676

Land and Environment Court New South Wales

Medium Neutral Citation: Parisi v Inner West Council [2022] NSWLEC 1676 Hearing dates: Conciliation conference on 21 October and 4 November 2022, final agreement filed 4 November 2022 Date of orders: 06 December 2022 Decision date: 06 December 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicants to amend DA2020/0286 and rely on the amended plans and documents included at Annexure A. (2) The appeal is upheld. (3) Development Consent DA2020/0286 is modified in the terms set out at Annexure B. (4) Development Consent DA2020/0286 as modified by the Court is set out at Annexure C. Catchwords: MODIFICATION APPLICATION – dwelling house development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, s 113 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Inner West Local Environmental Plan 2022, cll 4.1, 4.3C, 4.4, 5.10, 6.1, 6.2, 6.3 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) Category: Principal judgment Parties: Gary Gaetano Anthony Parisi (First Applicant) Joseph Gerald Griffin (Second Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)