Amine v Inner West Council [2023] NSWLEC 1004

Land and Environment Court New South Wales

Medium Neutral Citation: Amine v Inner West Council [2023] NSWLEC 1004 Hearing dates: Conciliation conference held on 26 September, 28 October, 16 November and 6 December 2022, final agreement filed on 19 December 2022 Date of orders: 06 January 2023 Decision date: 06 January 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/2021/0438 and rely upon the amended plans and documents referred to at Condition 1 of Annexure A. (2) The Applicant's written request, pursuant to cl 4.6 of the Leichhardt Local Environmental Plan 2013 (LLEP), seeking to vary the development standard for floor space ratio as set out at cl 4.4 and 4.4A of the LLEP, is upheld. (3) The appeal is upheld. (4) Consent is granted to Development Application DA/2021/0438 (as amended) for the addition of a second floor, two-bedroom unit to an existing shop top housing development at 646 Darling Street, Rozelle, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – shop top housing – cl 4.6 written request – floor space ratio – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013, cll 4.4, 4.4A, 4.6, 6.4, 6.11A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Category: Principal judgment Parties: Joseph G Amine (Applicant) Inner West Council (Respondent) Representation: Counsel: P Shumack (Solicitor) (Applicant) M Pearce (Solicitor) (Respondent)