Ginardi v Inner West Council [2023] NSWLEC 1688

Land and Environment Court New South Wales

Medium Neutral Citation: Ginardi v Inner West Council [2023] NSWLEC 1688 Hearing dates: Conciliation conference on 1 November 2023 Date of orders: 16 November 2023 Decision date: 16 November 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) Leave is granted to the Applicant to rely on the Amended Development Application in accordance with the documents listed at [23(1)]. (2) The Applicant's clause 4.6 written request dated 31 October 2023 prepared by James Lovell and Associates seeking to grant consent in contravention of clause 4.3C(3) of the Inner West Local Environmental Plan 2022 is upheld. (3) The Appeal is upheld. (4) Development Application No. DA/2022/0850, as amended, for the partial demolition of an existing dwelling and construction of a new two-storey dwelling with basement storage and tree removal on land legally described as Lot 1 in DP1283531, also known as 2 Duke Street, Balmain East, NSW, 2041, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – heritage dwelling –agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Inner West Local Environmental Plan 2022, cll 2.7, 4.3, 4.3C, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3, Sch 5 Land and Environment Court Act 1979, s 34, 34AA State Environmental Planning Policy (Building Sustainability Index) (BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation), Ch 2