NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Mod Urban Pty Ltd (ACN 610 351 909) v Inner West Council [2023] NSWLEC 1026 Hearing dates: 16-17 August 2022 Date of orders: 20 January 2023 Decision date: 20 January 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) The appeal is dismissed. (2) Development application DA/2021/1283 for demolition of an existing garage and construction of a new two-storey building at the rear of 49 Cambridge Street, Stanmore, is refused. (3) All Exhibits are returned with the exception of Exhibits A and 2. Catchwords: Development Application –– demolition of existing garage and construction of a two-storey building in the rear yard of the existing dwelling house – amenity impacts on neighbours, conservation area. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.55, 8.7 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, s 34AA Marrickville Local Environmental Plan 2011, cll 2.3, 4.3, 4.4, 5.9, 5.10, 6.5 Texts Cited: Marrickville Development Control Plan 2011 Sydney Airport Australian Noise Exposure Forecast 2039 Category: Principal judgment Parties: Mod Urban Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Driscoll (Solicitor) (Applicant) C Ireland (Respondent)
Solicitors: BCP Lawyers and Consultants (Applicant) Inner West Council (Respondent) File Number(s): 2022/122318 Publication restriction: Nil
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