The Trustee for SSTG Property Group v Inner West Council [2023] NSWLEC 1590

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for SSTG Property Group v Inner West Council [2023] NSWLEC 1590 Hearing dates: Conciliation conference on 26 September 2023 Date of orders: 10 October 2023 Decision date: 10 October 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) The Applicant is to pay the Respondent's costs that are thrown away as a result of the amendment of the development application, as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) Development Application No. 2022/0684, as amended, for the demolition of existing structures and the construction of a residential flat building including basement parking and landscape works, at 77 Glassop Street, Balmain, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of a residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 8.15, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Inner West Local Environmental Plan 2022, cll 4.6, 6.14 Land and Environment Court Act 1979, s 34, 39 State Environmental Planning Policy (Housing) 2021, Pt 2, Div 1, ss 16, 17, 18 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 4, 28 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Eton Consulting, Our Inner West Housing Strategy 2020 (March 2020) Category: Principal judgment Parties: The Trustee for SSTG Property Group (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Philips (Respondent)