Moussa v Inner West Council [2023] NSWLEC 1605

Land and Environment Court New South Wales

Medium Neutral Citation: Moussa v Inner West Council [2023] NSWLEC 1605 Hearing dates: Conciliation Conference on 6 October 2023 Date of orders: 13 October 2023 Decision date: 13 October 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application DA-2022/0163, as amended, for the demolition of existing structures and Torrens title subdivision to create two allotments; and construction of two semi-detached dwellings with associated landscaping and site works, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – Torren title subdivision – semi-detached dwellings – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, s 34 Marrickville Local Environmental Plan 2011, cll 4.1, 4.3, 4.4, 5.10, 5.21, 6.1, 6.5 State Environment Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 Texts Cited: Australian Standard AS 2021:2015 Acoustics - Aircraft Noise Intrusion - Building Siting and Construction - Australian Government Inner West Community Engagement Strategy 2022-24 Category: Principal judgment Parties: Youssef Moussa (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) J Marsland (Solicitor) (Respondent)