Hobson v Inner West Council [2024] NSWLEC 1246

Land and Environment Court New South Wales

Medium Neutral Citation: Hobson v Inner West Council [2024] NSWLEC 1246 Hearing dates: Conciliation conference on 8 and 9 May 2024 Date of orders: 14 May 2024 Decision date: 14 May 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to DA/2022/1022 for the demolition of existing structures and construction of a two-storey dwelling house with garage, landscaping and associated works at 1 Rose Street, Birchgrove, subject to conditions annexed here to and marked Annexure A. Catchwords: DEVELOPMENT APPLICATION: conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021 Inner West Local Environmental Plan 2022, cll 2.3, 2.7, 5.10, 6.2, 6.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Adam Hobson (Applicant) Inner West Council (Respondent) Representation: Counsel: J Reid (Applicant) J Marsland (Solicitor) (Respondent)

Solicitors: Mjlls Oakley (Applicant) Apex Planning and Environment Law (Respondent) File Number(s): 2023/314283 Publication restriction: No

Judgment 1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, related to an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the respondent's refusal of development application DA/2022/1022 (DA). The DA sought consent for demolition of existing structures and the construction of a two-storey dwelling house with garage, landscaping and associated works on the property at 1 Rose Street, Birchgrove (site).