XYZ Services Pty Limited v Inner West Council [2024] NSWLEC 1765

Land and Environment Court New South Wales

Medium Neutral Citation: XYZ Services Pty Limited v Inner West Council [2024] NSWLEC 1765 Hearing dates: 3 and 4 October 2024 Date of orders: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) DA/2023/0912 for demolition of the existing buildings, Torrens Title subdivision of one lot into two lots, construction of a new part two/part three storey dwelling, swimming pool, tree removal, and associated landscaping on each lot, at 1 Longview Street, Balmain NSW 2041 (Lot 51 of DP1287894), is determined by the grant of consent subject to the conditions set out in Annexure A. (3) All exhibits are returned with the exception of Exhibits B, C, D and 1, which are retained. Catchwords: APPEAL – development application – demolition of building within a heritage conservation area – effect of demolition on heritage significance – contravention of limited development on foreshore area controls – whether foreshore area controls a development standard – land subdivision – two detached dwellings – uncertainty regarding "slither of land" immediate to site and subject to possessory title claim – whether owners consent needed – contravention of development control plan provisions – implications of proposed works contrary to building line covenant Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.4, 3.43, 8.7 Inner West Local Environmental Plan 2022, cll 4.6, 5.10, 6.5, Pts 2, 4, 5, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.28 State Environmental Planning Policy (Resilience and Hazards) 2021 Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Bell v Shellharbour Municipal Council (1993) 78 LGERA 429 Chehab v City of Canada Bay Council [2002] NSWLEC 220 Helou v Strathfield Municipal Council (2006) 144 LGERA 322 [2006] NSWLEC 66 Initial Action v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 North Sydney Council v Ligon 302 Pty Ltd (1996) 185 CLR 470 Rothwell Boys Pty Ltd v Coffs Harbour City Council [2012] NSWLEC 19 Strathfield Municipal Council v Poynting (2001) 116 LGERA 319; [2001] NSWCA 270 Wehbe v Pittwater Council [2007] NSWLEC 827; (2007) 156 LGERA 446 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: XYZ Services Pty Limited (Applicant) Inner West Council (Respondent) Representation: Counsel: M Seymour SC (Applicant) M Wright SC (Respondent)