Mitribe Developments Pty Ltd as trustee for Mitribe Tempe Trust v Inner West Council [2024] NSWLEC 1633

Land and Environment Court New South Wales

Medium Neutral Citation: Mitribe Developments Pty Ltd as trustee for Mitribe Tempe Trust v Inner West Council [2024] NSWLEC 1633 Hearing dates: Conciliation conference held 7 June, 23 August, 23 September 2024 Date of orders: 10 October 2024 Decision date: 10 October 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/2023/0830 and rely upon the amended plans and documents referred to in Condition 1 at 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 in the agreed sum of $6,500 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application DA/2023/0830 (as amended) for demolition of existing structures and construction of three pairs of semi-detached dwellings (totalling six dwellings) and associated Torrens title subdivision at 9-15 Samuel Street Tempe, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – semi-detached residential dwellings – cl 4.6 written request – height of buildings – floor space ratio – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 37, 38 Inner West Local Environmental Plan 2022, cll 2.3, 2.7, 4.3, 4.4, 4.6, 6.1, 6.2, 6.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: NSW Department of Planning and Environment, Planning Circular PS 20-002, May 2020 Category: Principal judgment Parties: Mitribe Developments Pty Ltd as trustee for Mitribe Tempe Trust (Applicant) Inner West Council (Respondent) Representation: Counsel: N Touma (Solicitor) (Applicant) R Dunstan (Solicitor) (Respondent)