Wilk v Inner West Council [2022] NSWLEC 1740

Land and Environment Court New South Wales

Medium Neutral Citation: Wilk v Inner West Council [2022] NSWLEC 1740 Hearing dates: Hearing on 2 August 2022, written submissions on 2, 4 and 6 August 2022 Date of orders: 29 December 2022 Decision date: 29 December 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) The appeal is upheld (2) The application to modify Development Application D/2018/639 for ground and first floor alterations and additions to the existing dwelling on land identified as Lot 16 in Deposited Plan 769 and known as 36 Moore Street Rozelle is approved subject to the terms and conditions set out in Annexure A and B. (3) All Exhibits are returned except for Exhibit 2. Catchwords: Modification Application –– alterations and additions to dwelling house – amenity impacts on neighbour. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, s 113 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013, cll 4.3A, 4.4, 4.6, 5.10, 6.2, 6.3, 6.4 State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55), cl 7 Cases Cited: Wilk v Inner West Council [2020] NSWLEC 1377 North Sydney Council v Michael Standley and Associates Pty Ltd (1998) 43 NSWLR 468 SDHA Pty Ltd v Waverley Council [2015] NSWLEC 65 Texts Cited: Leichardt Development Control Plan 2013 Category: Principal judgment Parties: Mateusz Jan Wilk (Applicant) Inner West Council (Respondent) Representation: Counsel S Griffiths (Solicitor) (Applicant) K Mezinec (Solicitor)(Respondent)