Margossian v Inner West Council [2023] NSWLEC 1187

Land and Environment Court New South Wales

Medium Neutral Citation: Margossian v Inner West Council [2023] NSWLEC 1187 Hearing dates: Conciliation conference on 8 February 2023 Date of orders: 24 April 2023 Decision date: 24 April 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) The Applicant is granted leave to amend Development Application No.2022/0106 and rely upon the Amended Plans and documents referred to in condition 1 to Annexure "A". (2) The Applicant's Class 1 appeal is upheld. (3) The Applicant's clause 4.6 written application regarding clause 4.4 of the Leichhardt Local Environmental Plan 2013 is upheld. (4) Development Consent is granted to Development Application DA/2022/0106 to demolish the existing dwelling and outbuilding, tree removal, and undertake construction of a new three level residential dwelling on site with associated site and landscaping works at Lot 1 DP1268060 of 79 Rowntree Street, Birchgrove, subject to the conditions contained at Annexure "A". Catchwords: DEVELOPMENT APPLICATION –– reduced impact due to amended plans – variation to floor space ratio development standard – conciliation conference –agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.7 Environmental Planning and Assessment Regulation 2021, cl 37 Land and Environment Court Act 1979, ss 34, 34AA Leichardt Local Environment Plan 2013, cll 4.3A, 4.4, 4.6, 5.10, 6.1, 6.2, 6.4 Inner West Local Environmental Plan, cl 1.8A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Leichardt Development Control Plan 2013 Planning Circular PS 20-002 Variations to Development Standards, May 2020 Category: Principal judgment Parties: Ara Margossian (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) B Dyer (Solicitor) (Respondent)