Exorno Investments Pty. Limited v Inner West Council [2023] NSWLEC 1103

Land and Environment Court New South Wales

Medium Neutral Citation: Exorno Investments Pty. Limited v Inner West Council [2023] NSWLEC 1103 Hearing dates: Conciliation conference on 27 and 28 February 2023 Date of orders: 9 March 2023 Decision date: 09 March 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) the appeal is upheld. (2) Development Application No. DA/2021/1381 for the alterations and additions to an existing dwelling house at 1 Charles Street, Enmore (Lot 18 in DP 1236) is approved subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environment Planning and Assessment Regulation 2000, cl 55 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, ss 34, 34AA Marrickville Local Environmental Plan 2011, cll 2.3, 4.3, 4.4, 5.10, 5.21, 6.2, 6.4, 6.5, 6.6 State Environmental Planning Policy (Building Sustainability Index: Basix) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Marrickville Development Control Plan 2012 NSW Department of Urban Affairs and Planning and Environment Protection Authority, Managing Land Contamination – Planning Guidelines, 1998 Inner West Council, Community Engagement Framework, 2019 Category: Principal judgment Parties: Exorno Investments Pty. Limited (Applicant) Inner West Council (Respondent) Representation: Counsel: N Eastman (Applicant) J Marsland (Solicitor) (Respondent)