Ge v Inner West Council [2023] NSWLEC 1104

Land and Environment Court New South Wales

Medium Neutral Citation: Ge v Inner West Council [2023] NSWLEC 1104 Hearing dates: 09 February 2023 Date of orders: 09 March 2023 Decision date: 09 March 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is dismissed. (2) That Development Application DA/2021/0756, to demolish part of the existing dwelling house and to undertake alterations and additions at the rear of the existing dwelling, at Lots 23 and 24 in DP 1365, otherwise known as 23 Milton Street North, Ashfield, is refused. (3) The Exhibits, apart from Exhibit 6, are returned. Catchwords: DEVELOPMENT APPLICATION – Alterations and Additions to Dwelling – hearing Legislation Cited: Ashfield Local Environmental Plan 2013, cll 4.3, 4.4 Environmental Planning and Assessment Act 1979, s 4.15, 8.7, Land and Environment Court Act 1979, cl34AA Texts Cited: Comprehensive Inner West Development Control Plan 2016 Category: Principal judgment Parties: Shixiong Ge (Applicant) Inner West Council (Respondent) Representation: Counsel: Shixiong Ge (Self Represented)(Applicant) G Christmas (Solicitor)(Respondent)

Solicitors: Apex Planning and Environment Law (Respondent) File Number(s): 2022/336036 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) by Shixiong Ge (the Applicant) against the actual refusal by Inner West Council (the Respondent) of Development Application DA/2021/0756 (Development Application) for alterations and additions to an existing dwelling house at 23 Milton Street North, Ashfield. 2. The Court arranged a conciliation conference between the parties under s34AA(2) of the Land and Environment Court Act 1979. This was held on 9 February 2023. The parties failed to reach an agreement during the conciliation process. Accordingly, the conciliation was terminated, and the matter proceeded to hearing on the same day.