Hodzic v Inner West Council [2023] NSWLEC 1659

Land and Environment Court New South Wales

Medium Neutral Citation: Hodzic v Inner West Council [2023] NSWLEC 1659 Hearing dates: 22 and 23 June 2023 Date of orders: 07 November 2023 Decision date: 07 November 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: In Proceedings 22/264511: The Court orders: (1) The appeal is dismissed. (2) All exhibits are retained. In Proceedings 22/266881: The Court orders: (1) The appeal is upheld. (2) Development application DA 2021/0716 for the use of 6 existing but unapproved skylights numbered and referred to as skylights 5, 6, 7, 8, 9 and 10 (the Skylights) is determined by a grant of consent subject to conditions of consent at Annexure A. (3) All exhibits are retained. Catchwords: DEVELOPMENT APPEAL – residential development – use of unapproved skylights – heritage – character – orders BUILDING INFORAMTION CERTIFICATE APEAL – unauthorised works – notional assessment – skylights – heritage – orders Legislation Cited: Ashfield Local Environmental Plan 2013, cl 5.10, Civil Procedure Act 2005, s 26 Environmental Planning and Assessment Act 1979, ss 4.15, 6.25, 8.2, 8.7, 8.25, Div 6.7, Pt 6 Inner West Local Environment Plan 2022, Sch 5 Land and Environment Court Act 1979, s 39 Cases Cited: Ireland v Cessnock City Council (1999) 110 LGERA 311; [1999] NSWLEC 250 Lee v Randwick City Council [2021] NSWLEC 1200 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Australian Buildings Codes Board, National Construction Code, February 2019 Comprehensive Inner West Development Control Plan 2016 Category: Principal judgment Parties: Sam Hodzic (Applicant) Inner West Council (Respondent) Representation: Counsel: M Seymour SC (Applicant) T To (Respondent)