Tizzone v Inner West Council [2024] NSWLEC 1549

Land and Environment Court New South Wales

Medium Neutral Citation: Tizzone v Inner West Council [2024] NSWLEC 1549 Hearing dates: Conciliation conference 26, 27 August 2024 Date of orders: 06 September 2024 Decision date: 06 September 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application number DA/2022/1110, as amended, for alterations and additions to existing dwelling including new first floor, new garage with studio over, on land identified at Lot 1 in DP 121802, known as 175 Young Street, Annandale NSW 2038, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – Alterations and additions to an existing dwelling – conciliation conference – amended plans – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.14, 8.18 Land and Environment Court Act 1979, ss 34, 34AA, 39 Inner West Local Environmental Plan 2022, cll 2.3, 2.7, 4.4, 4.3C, 4.6, 5.10, 5.21, 6.1, 6.2, 6.3, 6.8 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, ss 2.2, 6.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Guiseppe Tizzone (First Applicant) Simone Marie Forte (Second Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths, solicitor (Applicants) R Dunstan, solicitor (Respondent)