Freeman v Inner West Council [2024] NSWLEC 1731

Land and Environment Court New South Wales

Medium Neutral Citation: Freeman v Inner West Council [2024] NSWLEC 1731 Hearing dates: 6 November 2024 Date of orders: 6 November 2024 Decision date: 06 November 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA/2023/0769 seeking consent for alterations and additions to an existing dwelling to provide a rooftop terrace and associated access at 39 Evans Street, Balmain is determined by the grant of consent, subject to conditions of consent at Annexure B. Catchwords: DEVELOPMENT APPLICATION: alterations and addition to dwelling house in R1 General Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Inner West Local Environmental Plan 2022, cll 5.10, 6.3, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Robert Freeman (Applicant) Inner West Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)