Le Grandeur Pty Limited v Inner West Council [2023] NSWLEC 1547

Land and Environment Court New South Wales

Medium Neutral Citation: Le Grandeur Pty Limited v Inner West Council [2023] NSWLEC 1547 Hearing dates: Conciliation conference on 15 September 2023 Date of orders: 21 September 2023 Decision date: 21 September 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments made in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $12,000 within 28 days. (2) The appeal is upheld. (3) Development consent is granted to Development Application No DA/2022/0228, for the demolition of the existing building and construction of a new four (4) storey shop top development with basement parking, on land legally described as Lot 31 in DP1162 and known as 310 Norton Street, Leichhardt NSW 2049, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION: residential apartment development in E1 Local Centre zone – conciliation conference – agreement between parties - orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 3, 29, 38 Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013, cll 4.4, 4.4A, 6.1, 6.2, 6.4, 6.11A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: Le Grandeur Pty Limited (Applicant) Inner West Council (Respondent) Representation: Counsel: T Hale SC (Applicant) S Turner (Solicitor) (Respondent)