Power v Inner West Council [2022] NSWLEC 1691

Land and Environment Court New South Wales

Medium Neutral Citation: Power v Inner West Council [2022] NSWLEC 1691 Hearing dates: Conciliation conference 6 December 2022 Date of orders: 13 December 2022 Decision date: 13 December 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Leave is granted to the Applicants to amend the modification application MOD/2021/0522 and rely on the plans and documents listed at condition 1 of Annexure A. (2) The appeal is upheld. (3) Modification Application MOD/2021/0522 to modify DA/2020/0331 is approved. (4) Development consent DA/2020/0331 is modified in the terms in Annexure A. (5) As a consequence of order (4), Development consent DA/2020/0331 is subject to the consolidated conditions set out in Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties - orders made. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.55, 8.9 Environmental Planning and Assessment Regulation 2000 cl 121B Environmental Planning and Assessment Regulation 2021 sch 6 s 3 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Texts Cited: Inner West Council Community Engagement Framework (November 2019) Category: Principal judgment Parties: Patrick Power (First Applicant) Anastasia Power (Second Applicant) Inner West Council (Respondent) Representation: Counsel: A Pearman (Applicants) S Hill (Solicitor) (Respondent)