James v Inner West Council [2023] NSWLEC 1314

Land and Environment Court New South Wales

Medium Neutral Citation: James v Inner West Council [2023] NSWLEC 1314 Hearing dates: Conciliation Conference 26 April and 18 and 29 May 2023 Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The written requests under clause 4.6 of the Leichhardt Local Environmental Plan 2013 are upheld. (2) The appeal is upheld. (3) Development Application No. DA2022/0192, as amended, at 14C Jane Street, Balmain (Lot 13 DP 1041574) is determined by grant of consent, subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions – dual occupancy – floor space ratio development standard - heritage – parking and traffic control – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, ss 34, 34AA, 39 Leichhardt Local Environmental Plan 2013, Sch 5, cll 4.3, 4.3A, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.4 Road Transport Act 2013, Sch 4, ss 41, 122, 273 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Makram Constructions Pty Limited v North Sydney Council (2002) 119 LGERA 42; [2002] NSWLEC 4 Tahany Pty Limited v Waverley Council [2022] NSWLEC 1363 Texts Cited: Department of Planning & Environment NSW, Planning Circular PS 20-002 – Variations to development standards, 2020 Inner West Community Engagement Framework Category: Principal judgment Parties: Stephen James (Applicant) Inner West Council (Respondent) Representation: Counsel: D Robertson (Applicant) A Sinclair (Solicitor)(Respondent)