NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Cohesive Planning v Inner West Council [2023] NSWLEC 1047 Hearing dates: 19 January 2023 Date of orders: 07 February 2023 Decision date: 07 February 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the application to rely on amended plans listed in condition 1 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Application No. 2022/0019 for the demolition of the existing dwelling and construction of a dual occupancy development, at 75 Heighway Avenue, Croydon, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (4) The exhibits, other than Exhibits 1 and B, are returned. Catchwords: DEVELOPMENT APPLICATION – dual occupancy development – whether a dual occupancy development is compatible with the flood hazard of the land Legislation Cited: Ashfield Local Environmental Plan 2013, cl 5.21 Inner West Local Environmental Plan 2022, cll 1.8A, 5.21 Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34AA Category: Principal judgment Parties: Cohesive Planning (Applicant) Inner West Council (Respondent) Representation: Counsel: D. Loether (Solicitor) (Applicant) R. McCulloch (Solicitor) (Respondent)
Solicitors: Bartier Perry (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2022/252587 Publication restriction: No
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