Rudder Developments Two Pty Ltd v Inner West Council [2017] NSWLEC 1132

Land and Environment Court New South Wales

Medium Neutral Citation: Rudder Developments Two Pty Ltd v Inner West Council [2017] NSWLEC 1132 Hearing dates: 13-14 March 2017 Date of orders: 16 March 2017 Decision date: 16 March 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. D/2016/10 for a subdivision into 6 lots at 37 Edna Street, Lilyfield, is refused. 3. The exhibits, other than exhibits 1 and B, are returned. Catchwords: DEVELOPMENT APPLICATION: subdivision; the planning principle in Parrott v Kiama [2004] NSWLEC 77 re-endorsed by the Commissioners of the Court; inconsistency with the size and pattern of allotments in the area; whether the subdivision will result in uncharacteristic future development. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Heritage Act 1977 Cases Cited: Parrott v Kiama [2004] NSWLEC 77 Revelop Projects Pty Limited v Parramatta City Council [2014] NSWLEC 1167 Category: Principal judgment Parties: Rudder Developments Two Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: Mr G. McKee solicitor (Applicant) Mr M. Bonanno solicitor (Respondent)

Solicitors: McKee Legal Solutions (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2016/229006

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 deemed refusal of Development Application No. D/2016/10 for the subdivision of the site into six lots (the proposal) at 37 Edna Street, Lilyfield (the site) by Inner West Council (the Council). 2. Two appeals were subject to mandatory conciliation on 14 November 2016, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached, the conciliation conference was terminated on the same day, pursuant to s 34(4) of the LEC Act. Leave was granted by the Court on 29 November 2016 for the applicant to rely on an amended proposal for the subdivision of the site into six lots including building envelopes for lots 1 and 2. The second appeal against the deemed refusal of Development Application D/2016/9 for the construction of six semi-detached dwellings on the six lots was discontinued. 3. Leave was unopposed and granted by the Court at the commencement of the hearing for the applicant to rely on a further amended proposal (issue D, exhibit B).