Ghattas v Inner West Council [2024] NSWLEC 1057

Land and Environment Court New South Wales

Medium Neutral Citation: Ghattas v Inner West Council [2024] NSWLEC 1057 Hearing dates: Conciliation conference on 14 February 2024 Date of orders: 20 February 2024 Decision date: 20 February 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the Amended Development Application. (2) The Applicant's clause 4.6 written request dated 24 November 2023 prepared by Architectus seeking to grant consent in contravention of clause 4.4(3) of the Inner West Local Environmental Plan 2022 is upheld. (3) The Applicant is pay the Council's costs under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $3,500 payable within 28 days of the date of these orders. (4) The appeal is upheld. (5) Development Application No DA/2023/0135, as amended, for the demolition of an existing dwelling, subdivision of land into 2 lots and construction of 2 semi-detached 2-storey dwellings on land legally described as Lot E in DP19053 and known as 40 Collins Street, Annandale NSW 2038, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION: semi detached dwelling development in R1 – General Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 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 2.6, 4.1 4.3, 4.3C, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3, 6.8, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, s 6.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Texts Cited: Inner West Community Engagement Strategy 2022-24 Leichhardt Development Control Plan 2013 Standards Australia, Australian Standard AS 2021:2015, March 2015 Category: Principal judgment Parties: Talal Ghattas (Applicant) Inner West Council (Respondent) Representation: Counsel: J Reid (Applicant) J Marsland (Solicitor) (Respondent)