Precision Planning Pty Ltd v Inner West Council [2023] NSWLEC 1530

Land and Environment Court New South Wales

Medium Neutral Citation: Precision Planning Pty Ltd v Inner West Council [2023] NSWLEC 1530 Hearing dates: Conciliation Conference on 1 September 2023 Date of orders: 14 September 2023 Decision date: 14 September 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The written request pursuant to cl 4.6 of the Leichhardt Local Environmental Plan 2013 (LLEP) seeking a variation to the landscaped areas for residential accommodated in Zone R1 development standard in cl 4.3A(3)(b) of the LLEP, prepared by Bruce Threlfo filed 4 September 2023, is upheld. (2) The appeal is upheld. (3) Development Application No. DA/2022/0253, as amended, for ground and first floor alterations and additions to the existing dwelling, new garage at the rear and associated works and removal of encroachments over 5 and 9 National Street, Rozelle at 7 National Street, Rozelle, is determined by the grant of development consent subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – heritage – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Inner West Local Environmental Plan 2022, cl 1.8A Leichhardt Local Environmental Plan 2013, cll 2.3, 4.3A, 4.4, 4.6, 5.10, 6.4, Sch 5 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Precision Planning Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Driscoll (Solicitor) (Applicant) S Shneider (Solicitor) (Respondent)