The Quarry Midco Pty Ltd v Inner West Council [2023] NSWLEC 1189

Land and Environment Court New South Wales

Medium Neutral Citation: The Quarry Midco Pty Ltd v Inner West Council [2023] NSWLEC 1189 Hearing dates: Conciliation conference on 15 and 16 March 2023 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA/2022/0082, for demolition of part of an existing garage and other site improvements and construction of a part two/part three storey dwelling house, with associated parking, at 24a Quarry Street, Tempe (Lot 16, Section 14 in DP 60083), is approved subject to the conditions of consent as set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environment Planning and Assessment Regulation 2000, cl 55 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, s 34 Marrickville Local Environmental Plan 2011, cll 2.3, 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.4, 6.5, Sch 5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Inner West Council, Community Engagement Framework, 2019 Marrickville Development Control Plan 2011 Standards Australia, AS 2021—2000 "Acoustics—Aircraft noise intrusion— Building siting and construction", 2000 Category: Principal judgment Parties: The Quarry Midco Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: C Leggat, SC (Applicant) S Hill (Solicitor) (Respondent)