Antonella Da Silva and Development Designs Pty Ltd v Inner West Council [2024] NSWLEC 1434

Land and Environment Court New South Wales

Medium Neutral Citation: Antonella Da Silva and Development Designs Pty Ltd v Inner West Council [2024] NSWLEC 1434 Hearing dates: Conciliation conference 18 July 2024 Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The written request made pursuant to clause 4.6 of the Inner West Local Environment Plan 2022 in relation to a variation to the Floor Space Ratio (FSR) standard (of clause 4.4 of the Inner West Local Environment Plan 2022), prepared by GSA Planning and dated 18 July 2024, is upheld. (2) The appeal is upheld. (3) Development Application 2023/0080, as amended, for the proposed alterations and additions including new upper level with roof top terrace and roof top pool at Lot 2 in Strata Plan 19435 also known as 5-7 Hosking Street, Balmain East in the State of New South Wales is determined by the grant of consent subject to conditions contained in Annexure B. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to dwelling house in R1 General Residential zone – heritage conservation area – 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, cll 4.4, 4.6, 5.10, 6.1, 6.2, 6.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 6, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Texts Cited: Inner West Community Engagement Framework Category: Principal judgment Parties: Antonella Da Silva (First Applicant) Development Design Pty Ltd (ACN 107 176 867) (Second Applicant) Inner West Council (Respondent) Representation: Counsel: M Wright SC (Applicant) D Robertson (Respondent)