Phillips v Inner West Council [2022] NSWLEC 1695

Land and Environment Court New South Wales

Medium Neutral Citation: Phillips v Inner West Council [2022] NSWLEC 1695 Hearing dates: 24 and 25 November 2022 Date of orders: 13 December 2022 Decision date: 13 December 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Modification application MOD/2021/0570 is approved and development consent D/2019/327 is modified by amending condition 3 in the terms set out in Annexure A. (3) As a consequence of order (2) above, development consent D/2019/327 is now subject to the consolidated modified conditions of development consent set out in Annexure B. (4) Exhibits 1, 2, 3, 7, A, D, F, G, H, J and K are to be retained. Exhibits B, C, E, 4, 5 and 6 are returned. Catchwords: MODIFICATION APPLICATION – alterations and additions to dwelling house in conservation area – heritage impacts – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9, 8.15 Inner West Local Environmental Plan 2022 cl 1.2 Land and Environment Court Act 1979, ss 34AA, 34 Cases Cited: Abret Pty Ltd v Wingecarribee Shire Council [2011] NSWCA 107 Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177 Newbury District Council v Secretary of State for the Environment [1981] AC 578 Texts Cited: Leichhardt Development Control Plan 2013 Inner West Council Community Engagement Framework Policy (adopted November 2019) Category: Principal judgment Parties: Emma Phillips (First Applicant) Andrew Phillips (Second Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) J Marsland (Solicitor) (Respondent)