Chen v Inner West Council [2024] NSWLEC 1399

Land and Environment Court New South Wales

Medium Neutral Citation: Chen v Inner West Council [2024] NSWLEC 1399 Hearing dates: Conciliation Conference 26 June 2024 Date of orders: 12 July 2024 Decision date: 12 July 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: 1) The Applicant is granted leave to rely on the Amended Development Application. 2) The appeal is upheld. 3) Development Application No. DA/2023/0533 as amended, for the demolition of existing dwelling and construction of a two (2) storey dwelling and associated landscaping at 4A Datchett Street, Balmain East, is determined by the grant of development consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – heritage – stormwater – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34AA Environmental Planning and Assessment Regulation 2021, s 38 Inner West Local Environmental Plan 2022, cll 2.7, 4.3, 4.3C, 4.4, 5.10, 6.1, 6.2, 6.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.6 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Zhe Chen (First Applicant) Wei Wang (Second Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) R Dunstan (Solicitor)(Respondent)