Central Property Holding Pty Limited and Wheeler v Inner West Council [2024] NSWLEC 1838

Land and Environment Court New South Wales

Medium Neutral Citation: Central Property Holding Pty Limited and Wheeler v Inner West Council [2024] NSWLEC 1838 Hearing dates: Conciliation conference on 20 December 2024 Date of orders: 24 December 2024 Decision date: 24 December 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by the amendment of the development application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $4,000 within 28 days of these orders. (2) The written request made pursuant to clause 4.6 of the Inner West Local Environmental Plan 2022 in relation to a variation to the Site Coverage standard at clause 4.3C of the Inner West Local Environmental Plan 2022, prepared by Sutherland Planning and dated 7 November 2024, is upheld. (3) The appeal is upheld. (4) Development application 2024/0153/1, as amended, for the alterations and additions to the existing commercial building including subdivision of the site into three (3) Torrens Title lots and construction of dwellings on each lot and associated site works and landscaping at Lot D in deposited Plan 323118 also known as 81a College street, Balmain, is determined by the grant of consent, subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to dwelling house in R1 General Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 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 State Environmental Planning Policy (Sustainable Buildings) 2022, ss 2.1, 4.2 Inner West Local Environmental Plan 2022, cll 2.2, 4.1B, 4.3, 4.3C, 4.4, 4.6, 5.10, 6.1, 6.2, 6.4, 6.12, Sch 5 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Central Property Holding Pty Limited (First Applicant) Tone Wheeler (Second Applicant) Inner West Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (First Applicant) S Turner (Solicitor) (Respondent)