Studio Johnston Architects Pty Ltd v Inner West Council [2025] NSWLEC 1080

Land and Environment Court New South Wales

Medium Neutral Citation: Studio Johnston Architects Pty Ltd v Inner West Council [2025] NSWLEC 1080 Hearing dates: Conciliation conference on 28 January 2025 Date of orders: 14 February 2025 Decision date: 14 February 2025 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent DA/2023/0261 for the demolition of existing dwellings, swimming pool and structures, remediation of the site, site amalgamation, and construction of a new four (4) storey dwelling with parking, swimming pool, landscaping and associated works at Lot 1 in DP 797330, Lot 2 in DP 797330 and Lot 1 in DP 712231, known as No.s 4 and 6 St Marys Street, Balmain East, is modified in the terms in Annexure A. (3) Development consent DA/2023/0261 for the demolition of existing dwellings, swimming pool and structures, remediation of the site, site amalgamation, and construction of a new four (4) storey dwelling with parking, swimming pool, landscaping and associated works at Lot 1 in DP 797330, Lot 2 in DP 797330 and Lot 1 in DP 712231, known as No's 4 and 6 St Marys Street, Balmain East, as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – dwelling house - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 8.9 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 113 Inner West Local Environmental Plan 2022, cll 4.3C, 4.4, 4.6, 5.10, 6.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9 Category: Principal judgment Parties: Studio Johnston Architects (Applicant) Inner West Council (Respondent) Representation: Counsel: A Chryssochoides (Solicitor) (Applicant) M Pearce (Solicitor) (Respondent)