Milosevic v Inner West Council [2016] NSWLEC 1360

Land and Environment Court New South Wales

Medium Neutral Citation: Milosevic v Inner West Council [2016] NSWLEC 1360 Hearing dates: 25 July 2016 Date of orders: 15 August 2016 Decision date: 15 August 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. D/2015/662 for a new two and three storey dwelling at 5 Stephen Street, Balmain is approved, subject to the conditions of consent at Annexure 'A'. 3. The exhibits, other than exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: new infill dwelling; impact on the significance of the heritage conservation area. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Mr Max Milosevic (Applicant) Inner West Council (Respondent) Representation: Counsel: Mr S. Kondilios solicitor (Applicant) Mr S. Turner solicitor (Respondent)

Solicitors: Hall & Wilcox Lawyers (Applicant) Inner West Council (Respondent) File Number(s): 2016/153976

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. D/2015/662, for a new two and three storey dwelling (the proposal), at 5 Stephen Street, Balmain (the site), by Inner West Council (the Council). 2. The appeal was subject to mandatory conciliation on 25 July 2016, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated pursuant to s 34AA(2)(b) and the proceedings dealt with as a hearing held forthwith, pursuant to s 34AA(2)(b)(i) of the LEC Act. The parties consented to the admission of evidence given during the conciliation conference in the hearing, pursuant to s 34(12) LEC Act.