Bardwell-Hill v Inner West Council [2023] NSWLEC 1116

Land and Environment Court New South Wales

Medium Neutral Citation: Bardwell-Hill v Inner West Council [2023] NSWLEC 1116 Hearing dates: Conciliation Conference 3 March 2023 Date of orders: 15 March 2023 Decision date: 15 March 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted for development application number DA/2022/0042, as amended, for demolition of existing building, construction of a two-storey dwelling, carport and related landscaping on land identified as Lot 13 in Deposited Plan 1103920 and known as 2 Waite Avenue, Balmain NSW 2041 subject to the conditions included at Annexure "A". Catchwords: DEVELOPMENT APPEAL – residential development demolition and construction on new dwelling – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2012, cll 1.2, 2.3, 4.3, 4.3A, 4.4, 5.10, 6.1, 6.2, 6.4 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, s3, Sch 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Inner West Local Environmental Plan 2022, cl 1.8A State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Chapter 10 Texts Cited: Inner West Community Participation Plan Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Nicole Bardwell-Hill (First Applicant) Richard Hill (Second Applicant Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor)(Applicants) C Morton (Solicitor)(Respondent)