Ishak v Inner West Council [2025] NSWLEC 1082

Land and Environment Court New South Wales

Medium Neutral Citation: Ishak v Inner West Council [2025] NSWLEC 1082 Hearing dates: Conciliation conference on 3 February 2025 Date of orders: 14 February 2025 Decision date: 14 February 2025 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant shall pay the Respondent's costs thrown away in the agreed sum of $7,000 within 28 days of these orders. (2) The Applicant's written request pursuant to cl 4.6 of the Inner West Local Environmental Plan 2022 (IWLEP), prepared by Planning Ingenuity dated 26 November 2024, seeking a variation to the development standard for floor space ratio, set out in cl 4.4 of the IWLEP, is upheld. (3) The appeal is upheld. (4) Development Application No DA/2024/0309, as amended, for demolition of existing structures and construction of four, three-storey attached dwellings with car parking, each located on an existing Torrens title lot, and associated works, on land legally described as Lots 55, 56, 57 and 58, Section B DP 1663, known as 16-22 William Street, Leichhardt NSW 2040, is determined by grant of consent, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – attached 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, ss 27, 38 Inner West Local Environmental Plan 2022, cll 4.3C, 4.4, 4.6, 5.21, 6.1, 6.2, 6.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6,7, 6.8, 6.9, 6.10, 6.11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Natalie Ishak (Applicant) Inner West Council (Respondent) Representation: Counsel: R Metledge (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)