Sahade v Inner West Council [2023] NSWLEC 1139

Land and Environment Court New South Wales

Medium Neutral Citation: Sahade v Inner West Council [2023] NSWLEC 1139 Hearing dates: 2, 3 and 4 November 2022 Date of orders: 29 March 2023 Decision date: 29 March 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is dismissed. (2) Modification Application No. MOD/2022/0008 seeking to modify Development Consent No. 10.2017.170.3 which was granted by the Respondent on 1 March 2019 at 95 Ramsay Street, Haberfield is not approved. (3) Exhibit 2 is returned and all other exhibits are retained. Catchwords: DEVELOPMENT APPEAL – modification of development consent – substantially the same – heritage – streetscape – whether there is sufficient information as to acoustic impact - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9, 102 Cases Cited: 193 Liverpool Road Pty Ltd ACN 163231810 v Inner West Council [2022] NSWLEC 1197 Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Arrage v Inner West Council [2019] NSWLEC 85 Duke Developments Australia 4 Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1733 Hatch v Northern Beaches Council [2019] NSWLEC 1422 Horseshoe Properties Pty Ltd v Tweed Shire Council [2021] NSWLEC 1507 Michael Standley & Associated v North Sydney Council [1997] NSWLEC 19085 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Parseh Cronulla Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1248 Category: Principal judgment Parties: Victor Sahade (Applicant) Inner West Council(Respondent) Representation: Counsel: M Sahade (Applicant) T To (Respondent)