Wright v Inner West Council [2024] NSWLEC 1232

Land and Environment Court New South Wales

Medium Neutral Citation: Wright v Inner West Council [2024] NSWLEC 1232 Hearing dates: Conciliation conference held on 23 and 24 April 2024 Date of orders: 03 April 2024 Decision date: 03 April 2024 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA/2023/0331 seeking Torrens title subdivision of the rear of 5 Roberts Street into two Torrens Title allotments, construction of a semi-detached dwelling house on each allotment and associated landscaping on Lot 100 Deposited Plan 1286139, known as 5 Roberts Street, St Peters is determined by the grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – semi-detached dwellings – Torrens title subdivision - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 23, 38 Inner West Local Environmental Plan 2022, cl 2.3, 6.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: James Alex Wright (First Applicant) Natalie Nicole Wright (Second Applicant) Inner West Council (Respondent) Representation: Counsel: J Smith (Applicants) S Turner (Solicitor)(Respondent)