Sky Property and Planning Pty Ltd as trustee for Sky Property and Planning Trust v Inner West Council [2024] NSWLEC 1735

Land and Environment Court New South Wales

Medium Neutral Citation: Sky Property and Planning Pty Ltd as trustee for Sky Property and Planning Trust v Inner West Council [2024] NSWLEC 1735 Hearing dates: Conciliation conference on 14 November 2024 Date of orders: 14 November 2024 Decision date: 14 November 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted for the change of name of the applicant to be "Sky Property and Planning Pty Ltd as trustee for Sky Property and Planning Trust". (2) The Applicant's written request under cl 4.6 of the Inner West Local Environmental Plan 2022 (IWLEP), prepared by Sky Town Planning and dated October 2024 seeking a variation of the development standard for landscaped areas set out in cl 4.3C of the IWLEP, is upheld. (3) The Applicant's written request under cl 4.6 of the Inner West Local Environmental Plan 2022 (IWLEP), prepared by Sky Town Planning and dated November 2024 seeking a variation of the development standard for floor space ratio set out in cl 4.4 of the IWLEP, is upheld. (4) The appeal is upheld. (5) Development Application No DA/2023/0503, as amended, for alterations and additions to residential development, including a new boat shed, at 40 Nicholson Street, Balmain East, is determined by the grant of consent, subject to the conditions of consent in Annexure 'A'. Catchwords: APPEAL – development application – boat shed replacing a deck – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 37, 38 Inner West Local Environmental Plan 2022, cll 4.3C, 4.4, 4.6, 5.10, 5.21, 6.1, 6.3, 6.5, 6.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.28, 6.33 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Category: Principal judgment Parties: The Trustee for Sky Property and Planning Trust (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor)(Applicant) M Pearce (Solicitor)(Respondent)