Lepouris v Inner West Council [2024] NSWLEC 1704

Land and Environment Court New South Wales

Medium Neutral Citation: Lepouris v Inner West Council [2024] NSWLEC 1704 Hearing dates: 24-25 October 2024: final submissions 28 October 2024 Date of orders: 5 November 2024 Decision date: 05 November 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA/2023/0825, as amended, for Lower ground, ground and first floor alterations and additions to existing heritage listed dwelling house, and associated works, including new lower level garage with vehicular access via Broderick Street, and swimming pool, fencing and retaining wall and landscaping works, on land known as 96 Elliott Street Balmain NSW 2041 (identified as Lot 1 DP 909386) and land known as 98 Elliott Street Balmain NSW 2041 (identified as Lot 1 in DP301, Lot 2 in DP301 and Lot 1 in DP909271), is determined by grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to heritage item – heritage conservation – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 Inner West Local Environmental Plan 2022, cll 4.3, 4.3C, 4.5, 5.10, 6.1, 6.2, 6.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, ss 2.6, 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Sustainable Buildings) 2022 Texts Cited: Inner West Council Community Engagement Framework Category: Principal judgment Parties: Anthia Lepouris (Applicant) Inner West Council (Respondent) Representation: Counsel: T Howard SC (Applicant) C Norton (Respondent)