Nguyen v Inner West Council [2024] NSWLEC 1767

Land and Environment Court New South Wales

Medium Neutral Citation: Nguyen v Inner West Council [2024] NSWLEC 1767 Hearing dates: Conciliation conference on 12 November 2024 Date of orders: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Council's costs, thrown away as a result of the amendment of the application, of $2,500.00 within 28 days of these orders. (2) The appeal is upheld. (3) Development Application DA/2023/0730 for demolition of existing structures and construction of four semi-detached dwellings with Torrens title subdivision into four (4) lots at 149 Unwins Bridge Road, Tempe, is determined by granting development consent, subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – subdivision – semi-detached dwellings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, 38 Inner West Local Environmental Plan 2022, cll 2.6, 2.7, 4.1, 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Category: Principal judgment Parties: Van Luan Nguyen (First Applicant) Thu Trang Pham (Second Applicant) Inner West Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) J Marsland (Solicitor) (Respondent)