McFarlane v Inner West Council [2024] NSWLEC 1484

Land and Environment Court New South Wales

Medium Neutral Citation: McFarlane v Inner West Council [2024] NSWLEC 1484 Hearing dates: 25, 26 July 2024 Date of orders: 13 August 2024 Decision date: 13 August 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Appeal is upheld. (2) Development application DA/2023/0112 for alterations and additions to a dwelling house including partial demolition, rear extension with upper level, reinstatement works, garage and pool at 15 Tressider Avenue, Haberfield is approved, subject to the conditions of consent in Annexure A. (3) The exhibits are returned with the exception of Exhibits 1, A and C. Catchwords: DEVELOPMENT APPLICATION: Alterations and additions to existing dwelling in Haberfield heritage conservation area – variation to development standard - whether the proposed development will have an unacceptable adverse impact on the conservation area – should the controls in the development control plan be varied – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.9, 79C Land and Environment Court Act 1979, s 34AA Inner West Local Environmental Plan 2022, cll 2.7, 4.6, 5.10, 6.1, 6.2, 6.20 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards), s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Cases Cited: Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Wehbe v Pittwater Council (2007) NSWLEC 827 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Inner West Development Control Plan 2016 Category: Principal judgment Parties: James McFarlane (First Applicant) Diana McFarlane (Second Applicant) Inner West Council (Respondent) Representation: Counsel: L Nupuri (Barrister) (First and Second Applicant) R Dunstan, (Solicitor) (Respondent)