Studio Johnston Architects Pty Ltd v Inner West Council [2024] NSWLEC 1020

Land and Environment Court New South Wales

Medium Neutral Citation: Studio Johnston Architects Pty Ltd v Inner West Council [2024] NSWLEC 1020 Hearing dates: Conciliation conference on 14 December 2023 Date of orders: 24 January 2024 Decision date: 24 January 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The applicant is to file the amended development application documents, as outlined in Condition 1 of Annexure A, within 7 days of the date of this order. (2) The appeal is upheld. (3) Development Application DA/2023/0261 for the demolition of existing dwellings, swimming pool and structures, remediation of the site, site amalgamation, and construction of a new 4 storey dwelling with parking, swimming pool, landscaping and associated works at Lot 1 and Lot 2 in DP 797330 and Lot 1 in DP712231 (being Nos 4 and 6 St Mary's Street, Balmain East) is determined by the grant of development consent, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – new dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 34AA Inner West Local Environmental Plan 2022, cll 4.3, 4.3A, 5.10, 6.1, 6.2, 6.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Studio Johnston Architects Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: R White (Applicant) R Dunstan (Solicitor) (Respondent)