Zhu v Inner West Council [2023] NSWLEC 1488

Land and Environment Court New South Wales

Medium Neutral Citation: Zhu v Inner West Council [2023] NSWLEC 1488 Hearing dates: 29 and 30 June 2023 Date of orders: 29 August 2023 Decision date: 29 August 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court directs that: (1) The Applicant is to prepare and file with the Court an amended BASIX certificate, reflecting the final amended Development Application (DA) as described in the Issue E plans tendered as Exhibit R, within 7 days. (2) The Respondent is then to amend Condition 1 of the draft conditions of consent tendered as Exhibit 6 to reflect the Applicant's final amended DA, including reference to the BASIX certificate noted above and the Issue E drawings tendered as Exhibit R, and is then to file these conditions of consent with the Court within a further 7 days. (3) Upon receipt of the amended BASIX certificate (from the Applicant) and amended conditions of consent (from the Respondent), the Court will give consideration to the making of appropriate final orders. Catchwords: DEVELOPMENT APPLICATION – semi-detached dwelling houses – Torrens title subdivision – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.42, 4.15, 8.7 Land and Environment Court Act 1979, s 34AA Inner West Local Environmental Plan 2022, cll 1.2, 2.2, 2.3, 4.1, 4.3, 4.4, 5.10, Sch 5, Pt 1 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Xiaolong Zhu (Applicant) Inner West Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) J Marsland (Solicitor) (Respondent)