Metric Interiors & Projects Pty Ltd v Inner West Council [2024] NSWLEC 1317

Land and Environment Court New South Wales

Medium Neutral Citation: Metric Interiors & Projects Pty Ltd v Inner West Council [2024] NSWLEC 1317 Hearing dates: Conciliation conference 29 May 2024 Date of orders: 054 June 2024 Decision date: 13 June 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) (1) The appeal is upheld. (2) (2) Development Application 2023/0046 (DA demolition of existing structures and the construction of a 2 x 2 storey semi-detached dwellings each with basement storage, outbuildings, swimming pools and other ancillary work and Torrens title subdivision at Lot 42 in Deposited Plan 1251014 also known as 72 Johnston Street, Annandale in the State of New South Wales is determined by the grant of consent subject to conditions contained in Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION: dwelling house development in R1 General Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 Inner West Local Environmental Plan 2022, Sch 5, cll 4.1A, 4.3C, 4.4, 5.10, 6.1, 6.2, 6.3, 6.4, 6.8, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 6, ss 6.6, 6.7, 6.8 State Environmental Planning Policy (Transport & Infrastructure) 2021, ss 2.118, 2.119 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Transport & Infrastructure) 2021, ss 2.118, 2.119 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] (2018) 233 LGERA 170; [2018] NSWCA 245 Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 184 LGERA 104; [2011] NSWCA 349 Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245 Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Texts Cited: Australian Standard AS 2021-2015 'Acoustics – Aircraft Noise Intrusion – Building Siting and Construction' Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Metric Interiors & Projects Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: J Smith (Applicant) M Pearce (Respondent)