Mauro Poletti v Inner West Council [2017] NSWLEC 1325

Land and Environment Court New South Wales

Medium Neutral Citation: Mauro Poletti v Inner West Council [2017] NSWLEC 1325 Hearing dates: 24 May 2017 Date of orders: 27 June 2017 Decision date: 27 June 2017 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders:

(1) The appeal is upheld.

(2) The conditions of consent for Development Application D/2016/434), issued by the Respondent on 14 February, for the internal alterations and additions to a class 4 dwelling on first floor, strip out of retail premises for new salt float tank on ground and lower ground floors (hours of operation Monday to Sunday 8am to 10pm), and other alterations to existing car park on lower ground floor at 337 Darling St, Balmain, are amended as follows: a. Delete condition 11(a).

(3) Development consent is granted DA D/2016/434), subject to the revised conditions of consent annexed hereto as Annexure 'A'.

(4) The exhibits are returned, with the exception of Exhibits 1, A and B. Catchwords: Development Application: deferred commencement condition: whether an easement exists prior to registration: first floor balustrade in a heritage zone. Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Inner West Local Environment Plan 1991 Land and Environment Court Act 1979 Real Property Act 1900 Cases Cited: Fortunate Investments Pty Ltd v North Sydney Council (2001) 114 LGERA 1; [2001] NSWLEC 70 Zahrooni v Parramatta City Council [2017] NSWLEC 1170 Texts Cited: Butt, P. (2010) Land Law (6th Edition), Thomson Reuters. Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Mauro Poletti (Applicant) Inner West Council (Respondent) Representation: Counsel: