Ma v Inner West Council [2023] NSWLEC 1138

Land and Environment Court New South Wales

Medium Neutral Citation: Ma v Inner West Council [2023] NSWLEC 1138 Hearing dates: Conciliation conference on 6 & 7 March 2023 Date of orders: 28 March 2023 Decision date: 28 March 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted for development application number DA-2021/1328, as amended, for demolition of existing buildings, Torrens title subdivision of the existing lot into two lots, construction of two attached dwellings with rear parking, landscaping and associated works on land identified as Lot 6 and Lot 75 in Deposited Plan 3120 and known as 13 Durham Street, Dulwich Hill NSW 2203, subject to the conditions included at Annexure A. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – construction of attached dwellings –conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, ss 34, 34AA Marrickville Local Environmental Plan 2011, cll 2.6, 2.7, 4.3, 4.4, 5.10, 6.1, 6.2, 6.4 State Environmental Planning Policy (Biodiversity and Conservation) 2021) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Jie Ma (Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) J Walker (Solicitor) (Respondent)