Marando v Inner West Council [2024] NSWLEC 1220

Land and Environment Court New South Wales

Medium Neutral Citation: Marando v Inner West Council [2024] NSWLEC 1220 Hearing dates: Conciliation conference on 10 April 2024 Date of orders: 26 April 2024 Decision date: 26 April 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The appeal is upheld. (2) Development Application DA/2023/0419, for demolition of the existing dwelling and construction of a two storey dwelling house with an attached secondary dwelling at 28 Bruce Street, Rozelle, is determined by the grant of Development Consent subject to the conditions set out in Annexure B. Catchwords: DEVELOPMENT APPLICATION – new dwelling and attached secondary dwelling – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2001, s 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards), s 4.6 Inner West Local Environmental Plan 2022, cll 2.7, 4.3, 4.4, 5.10, 6.1, 6.2, 6.3 Texts Cited: Leichhardt Development Control Plan 2013. Category: Principal judgment Parties: Joseph Marando (Applicant) Inner West Council (Respondent) Representation: Solicitors: J Farrell (Applicant) S Turner (Solicitor) (Respondent)