ES Engineering and Design Pty Ltd v Inner West Council [2023] NSWLEC 1242

Land and Environment Court New South Wales

Medium Neutral Citation: ES Engineering and Design Pty Ltd v Inner West Council [2023] NSWLEC 1242 Hearing dates: Conciliation conference held on 10 May 2023 Date of orders: 23 May 2023 Decision date: 23 May 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) Leave is granted to the applicant to rely on the amended plans at Condition 1 of the conditions of consent, described in Annexure A. (2) The appeal is upheld. (3) Development Application DA/2022/0365, as amended, seeking consolidation of 2 lots into one lot, demolition of existing structures and construction of a dual occupancy dwelling with Strata Title subdivision on Lot 1 Deposited Plan (DP) 122410 and Lot 12, Section A in DP 1663, also known as 226 Norton Street, Leichhardt is determined by grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – consolidation of lots with strata title subdivision – attached dual occupancy dwellings – conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 37 Inner West Local Environmental Plan 2022 Land and Environment Court Act 1979, ss 34, 34AA Leichhardt Local Environmental Plan 2013, cll 2.3, 4.4, 5.21, 6.1, 6.2, 6.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: ES Engineering and Design Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) J Marsland (Solicitor) (Respondent)