Furusato Pty Ltd v Inner West Council [2023] NSWLEC 1623

Land and Environment Court New South Wales

Medium Neutral Citation: Furusato Pty Ltd v Inner West Council [2023] NSWLEC 1623 Hearing dates: Conciliation conference held on 21 August and 4 September 2023 Date of orders: 20 October 2023 Decision date: 20 October 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown away by the amendment of the DA pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $15,500 within 14 days of the date of these orders. (2) The appeal is upheld. (3) Development consent is granted to Development Application No DA22/0733, as amended, for alterations and additions to two adjoining terraces, including restoration of the original façade, new street verandah to the Darling and Johnston Street frontages, retention of existing corner ground floor retail space and basement, provision of a dwelling and residential unit, new landscaping and Torrens title subdivision of the property at 54 & 56 Darling Street, Balmain East, NSW subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions – mixed use development – heritage terraces – heritage precinct – Torrens title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Inner West Local Environmental Plan 2022, cll 4.1,4.1A, 4.4, 4.4A, 4.6 5.3, 5.10, 6.2, 6.3, 6.13, 6.21 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Sydney Regional Environmental Plan (Biodiversity and Conservation) 2021, Ch 6 Category: Principal judgment Parties: Furusato Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J Walker (Solicitor) (Respondent)