PNPL The Entrance Pty Ltd ATF JWJ Touma Unit Trust v Inner West Council [2024] NSWLEC 1822

Land and Environment Court New South Wales

Medium Neutral Citation: PNPL The Entrance Pty Ltd ATF JWJ Touma Unit Trust v Inner West Council [2024] NSWLEC 1822 Hearing dates: Conciliation Conference held 13 December 2024 Date of orders: 19 December 2024 Decision date: 19 December 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA/2023/1082 which seeks consent for the demolition of the existing structures, subdivision of the site into two (2) Torrens title allotments and construction of a two (2) storey semi-detached dwelling house on each lot with associated car parking, landscaping and tree removal at 77 Silver Street, St Peters is determined by the grant of consent, subject to the conditions of consent annexed and marked Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Inner West Local Environmental Plan 2022, cll 2.6, 2.7, 4.1, 4.3, 4.4, 5.10, 6.1, 6.2, 6.3, 6.8 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, cl 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Texts Cited: Community Engagement Strategy 2022-2024 Category: Principal judgment Parties: PNPL The Entrance Pty Ltd ATF JWJ Touma Unit Trust ACN 115406632 (Applicant) Inner West Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)