John Greenwood and Associates v Inner West Council [2023] NSWLEC 1246

Land and Environment Court New South Wales

Medium Neutral Citation: John Greenwood and Associates v Inner West Council [2023] NSWLEC 1246 Hearing dates: Conciliation conference on 15 February 2023 Date of orders: 23 May 2023 Decision date: 23 May 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The orders of the Court are: (1) The Applicant is granted leave to amend Development Application No. 2022/0029 and rely upon the amended plans and documents referred to in Condition 1 to Annexure A. (2) The appeal is upheld. (3) Development Consent is granted to Development Application No. 2022/0029 for ground and first floor alterations and additions, including new garage, new detached studio and shed structure to rear and associated works at 19 North Street Balmain, subject to the conditions contained at Annexure A. Catchwords: DEVLEOPMENT APPLICATION –– change to deferred commencement condition – garage – amenity impacts on streetscape – conciliation agreement between the parties – order Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, ss 34, 34AA Leichhardt Local Environmental Plan 2013, cll 1.2, 4.3A, 4.4, 5.10, 6.1, 6.2, 6.4 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 2011 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: John Greenwood and Associates Pty Ltd (Applicant) Inner West Council (Respondent)