Elias v Inner West Council [2024] NSWLEC 1135

Land and Environment Court New South Wales

Medium Neutral Citation: Elias v Inner West Council [2024] NSWLEC 1135 Hearing dates: Conciliation Conference 7 March 2024 Date of orders: 21 March 2024 Decision date: 21 March 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA/2023/0477, as amended, for the construction of two x two-storey semi-detached dwellings (each on their own lot) including car parking, basement, pool, and associated landscaping and site works at 3 Emmerick Street, Lilyfield NSW 2040, subject to the conditions in the Annexure marked A. Catchwords: APPEAL – Development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.10, 8.11, 8.14 Heritage Act 1977, s 146 Land and Environment Court Act 1979, ss 17, 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 Inner West Local Environmental Plan 2012, cll 4.3, 4.4, 6.1, 6.2, 6.3, 6.8 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Charbel Elias (Applicant) Inner West Council (Respondent) Representation: Counsel: J Farrell (Applicant) J Marsland (Solicitor) (Respondent)