Hardy v Inner West Council [2024] NSWLEC 1383

Land and Environment Court New South Wales

Medium Neutral Citation: Hardy v Inner West Council [2024] NSWLEC 1383 Hearing dates: Conciliation conference held 17 and 18 June 2024 Date of orders: 05 July 2024 Decision date: 05 July 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/2023/0358 and rely upon the amended plans referred to at Annexure A. (2) The appeal is upheld. (3) Consent is granted to Development Application DA/2023/0358 (as amended) for the demolition of a portion of the existing roof and addition of a new part storey at 6 Clifton Street, Balmain East, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – single dwelling house – cl 4.6 written request – floor space ratio – 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 27, 37, 38 Inner West Local Environmental Plan 2022, cll 2.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3 State Environmental Planning Policy (BASIX Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ch 6, ss 6.2, 6.7, 6.9, 6.28 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Simon Hardy (Applicant) Inner West Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) G Christmas (Solicitor) (Respondent)