Hessey v Inner West Council [2022] NSWLEC 1678

Land and Environment Court New South Wales

Medium Neutral Citation: Hessey v Inner West Council [2022] NSWLEC 1678 Hearing dates: Conciliation conference 1-2 December 2022 Date of orders: 02 December 2022 Decision date: 02 December 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA/2021/1303 for alterations and additions to the existing dwelling house, demolition and construction of a new garage with a studio above, landscaping and required site works at 66 Cardigan Street, Stanmore, is determined by the grant of consent subject to the conditions in Annexure 'A'. Catchwords: APPEAL – development application – alterations and additions to an attached dwelling in heritage conservation area – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, ss 34, 34AA Marrickville Local Environmental Plan 2011, cll 5.10, 6.5 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Category: Principal judgment Parties: Annika Terese Hessey (First applicant) Blake Kelvin Lowry (Second applicant) Inner West Council (Respondent) Representation: Counsel: M Seymour (Applicant) T Hale SC (Respondent)