Watkinson v Inner West Council [2024] NSWLEC 1679

Land and Environment Court New South Wales

Medium Neutral Citation: Watkinson v Inner West Council [2024] NSWLEC 1679 Hearing dates: 20 and 21 August 2024 Date of orders: 25 October 2024 Decision date: 25 October 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA/2023/0424, as amended, for alterations and additions to an existing studio, use of the studio as a dwelling and Torrens title subdivision of one lot into two lots at 4 Turner Street, Balmain, is granted development consent subject to the conditions in Annexure A. (3) The exhibits are returned except for Exhibits A, B, M, 1, 2, 3 and 4. Catchwords: APPEAL – Residential – Development application – s34AA – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.10, 8.14 Land and Environment Court Act 1979, ss 17, 34AA Environmental Planning and Assessment Regulation 2021, s 27 Inner West Local Environmental Plan 2022, cll 1.2, 4.6, 5.10, 6.1, 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: Linda Claire Watkinson (Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) J Marsland (Solicitor) (Respondent)