Fragomeli v Inner West Council [2023] NSWLEC 1456

Land and Environment Court New South Wales

Medium Neutral Citation: Fragomeli v Inner West Council [2023] NSWLEC 1456 Hearing dates: Conciliation conference 9 August 2023 Date of orders: 16 August 2023 Decision date: 16 August 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA/2022/0169 for the construction of two x three level semi detached dwellings with parking and associated works, each located on previously-approved Torrens title lots on land legally described as Lot 38 in DP 10482 and known as 17 Mary Street Lilyfield, is determined by the grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of new semi detached dwellings on approved subdivided lots – amended plans – experts agreed issues resolved – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, Pt 4, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 37 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013, cll 4.3A, 5.10, 6.1, 6.2, 6.4 Local Land Services Act 2013, s 60O State Environmental Planning Policy (Biodiversity & Conservation) 2021, Ch 2, s 2.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Australian Standard AS 2021-2015 Acoustics—Aircraft noise intrusion—Building siting and construction Department of Urban Affairs and Planning, Managing Land Contamination, 1998 Category: Principal judgment Parties: Giovanna Fragomeli (Applicant) Inner West Council (Respondent) Representation: Counsel: S Berveling (Applicant) S Hill (Solicitor) (Respondent)