Arnott v Inner West Council [2024] NSWLEC 1495

Land and Environment Court New South Wales

Medium Neutral Citation: Arnott v Inner West Council [2024] NSWLEC 1495 Hearing dates: Conciliation Conference 12 August 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA/2023/0724 for partial demolition of existing structures, ground floor alterations and additions to a dwelling house and construction of a swimming pool with associated car parking and landscaping at Lot 37 in Deposited Plan 15123, known as 47 Elizabeth Avenue, Dulwich Hill is determined by the grant of consent subject to conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – residential development - alterations and additions – heritage – flood planning – 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, ss 34, 34AA Inner West Local Environmental Plan2022, cll 4.1, 4.3, 4.4, 5.10, 5.21, 6.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Joel Arnott (Applicant) Inner West Council (Respondent) Representation: Counsel: A Burgess (Solicitor)(Applicant) S Turner (Solicitor)(Respondent)