Thomas v Inner West Council [2023] NSWLEC 1266

Land and Environment Court New South Wales

Medium Neutral Citation: Thomas v Inner West Council [2023] NSWLEC 1266 Hearing dates: Conciliation conference on 8 May 2023 Date of orders: 01 June 2023 Decision date: 01 June 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal be upheld. (2) Development Consent be granted to Development Application No. DA/2022/0405 for alterations and additions to the existing dwelling, demolition of the existing carport and garage, including new front garage at Lot 23 Section 7 in Deposited Plan 7508 also known as 48 Tillock Street, Haberfield, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION — alterations and additions to existing dwelling house in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Ashfield Local Environmental Plan 2013, Sch 5, cll 5.10, 6.1, 6.3, 6.5 Environmental Planning and Assessment Act 1979, ss 4.18, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 2.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 7 Category: Principal judgment Parties: Alexandra Thomas (First Applicant) Trent Thomas (Second Applicant) Inner West Council (Respondent) Representation: Counsel: G Shapiro (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)