Sekulovski v Inner West Council [2024] NSWLEC 1471

Land and Environment Court New South Wales

Medium Neutral Citation: Sekulovski v Inner West Council [2024] NSWLEC 1471 Hearing dates: 24 and 25 June 2024 Date of orders: 6 August 2024 Decision date: 06 August 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA2022/0879 and rely upon the amended plans and documents referred to at Condition 1 of Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application, as agreed or assessed. (3) The appeal is upheld. (4) Consent is granted to Development Application DA2022/0879 (as amended) for alterations and additions to an existing shop top housing development at 595 King Street, Newtown, subject to the conditions of consent at Annexure A. (5) The exhibits, other than 1, 3, 4, A, G and H, are returned. Catchwords: APPEAL – development application – shop top housing – residential apartment building development – alterations and additions – heritage conservation area – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 27, 29 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, Sch 1 Inner West Sydney Local Environmental Plan 2022, cll 1.2, 2.2, 2.3, 4.3, 4.4, 4.6, 5.10, 6.9, 6.13, Sch 5 Texts Cited: Marrickville Development Control Plan 2011 NSW Department of Planning and Environment, NSW Apartment Design Guide, 2015 NSW Department of Planning, Industry and Environment, Planning Circular PS 20-002, May 2020 Category: Principal judgment Parties: Nikolce Sekulovski (Applicant) Inner West Council (Respondent Representation: Counsel: J Smith (Applicant) D Robertson (Respondent)