TGO Pty Limited v Inner West Council [2023] NSWLEC 1058

Land and Environment Court New South Wales

Medium Neutral Citation: TGO Pty Limited v Inner West Council [2023] NSWLEC 1058 Hearing dates: Conciliation conference on 5 October and 26 October 2022 Date of orders: 9 February 2023 Decision date: 09 February 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments to the development application described at [24] pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. The quantum of these costs is agreed to be $3,000.00 and is to be paid within 28 days of the date of judgment. (2) The appeal is upheld. (3) Development Application DA/2021/1215 for Torrens title subdivision of Lot 2 in Deposited Plan 579226 at 47-49 Chalder St, Marrickville into two separate lots is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – subdivision– conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Marrickville Local Environmental Plan 2011, cll 2.6, 4.4 Inner West Local Environmental Plan 2022, cll 1.8A, 4.4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: TGO Pty Limited (Applicant) Inner West Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) G Christmas (Solicitor) (Respondent)