Landmark Investments Australia Pty Ltd v Inner West Council [2024] NSWLEC 1534

Land and Environment Court New South Wales

Medium Neutral Citation: Landmark Investments Australia Pty Ltd v Inner West Council [2024] NSWLEC 1534 Hearing dates: Conciliation Conferences on 2 July and 3 July 2024 Date of orders: 30 August 2024 Decision date: 30 August 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent DA/2022/0322 is modified in the terms in Annexure 'A'. (3) Development Consent DA/2022/0322 as modified by the Court is Annexure 'B'. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.17, 4.55, 8.9, 8.15 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 113 Roads Act 1993, s 138 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Former Ch 10, s 10.1 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Inner West Local Environmental Plan 2022, cll 2.2, 4.3C, 4.4, 5.10, 6.1, 6.2, 6.3 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Landmark Investments Australia Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) C Norton (Respondent)