VL4 Pty Ltd V Inner West Council [2024] NSWLEC 1197

Land and Environment Court New South Wales

Medium Neutral Citation: VL4 Pty Ltd V Inner West Council [2024] NSWLEC 1197 Hearing dates: Conciliation conference 19 December 2023 and 3 April 2024 Date of orders: 18 April 2024 Decision date: 18 April 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the documents listed in Annexure A. (2) The Applicant shall pay the Respondent's costs thrown away by reason of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $6,000 within 28 days of this order. (3) The appeal is upheld. (4) Development consent is granted to development application DA/2023/0705, as amended, the Torrens Title subdivision of the site into three allotments and construction of a two-storey dwelling house on each new lot with car parking, landscaping and associated works at 16 to 18 Albert Street, Petersham NSW 2049, subject to the conditions in Annexure B. Catchwords: DEVELOPMENT APPLICATION – torrens subdivision and new dwellings – conciliation conference – amended plans – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 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 2.3, 4.1, 4.3, 4.4, 6.1, 6.2, 6.8 State Environmental Planning Policy (Resilience and Hazards, s 4.6 Texts Cited: Inner West Community Engagement Strategy 2022-24 Marrickville Development Control Plan 2011 Category: Principal judgment Parties: VL4 Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) R Dunstan (Solicitor) (Respondent)