Alexiou v Inner West Council [2017] NSWLEC 1372

Land and Environment Court New South Wales

Medium Neutral Citation: Alexiou v Inner West Council [2017] NSWLEC 1372 Hearing dates: 26 June 2017 Date of orders: 19 July 2017 Decision date: 19 July 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: 1. The appeal is upheld; 2. Consent is granted to Development Application No. 201600112 for the construction of a loft bedroom on top of the approved garages on each allotment at Lot 40 and 41, DP 2915, 21 Lincoln Street Stanmore, subject to conditions in Annexure A; 3. The exhibits are returned with the exception of Exhibit 1, B and C. Catchwords: DEVELOPMENT APPEAL: against refusal of the addition of loft bedrooms above approved garages – bulk and scale – impacts on adjoining residents – impacts on heritage conservation area - amended development acceptable. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Zhang v Canterbury City Council [2001] NSWCA 167 Trinvass Pty Ltd v Council of the City of Sydney [2015]NSWLEC 151 BGP Properties Pty Ltd v Macquarie City Council 138 LGERA 237; [2004] NSWLEC 399 Category: Principal judgment Parties: Mr Andrew Alexiou (Applicant) Inner West Council (Respondent) Representation: Counsel: Mr M Fraser (Applicant) Mr S Turner, Inner West Council (Respondent)