NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: James Bale v Inner West Council [2017] NSWLEC 1515 Hearing dates: 18, 19 September 2017 Date of orders: 22 September 2017 Decision date: 22 September 2017 Jurisdiction: Class 1 Before: Dickson C Decision: The Court Directs that: 1. The applicant is to file an updated BASIX certificate for the development by 9am 28 September 2017
On filing of these documents, the Court will make the following orders:
(1) The appeal is upheld; (2) Consent is granted to Development Application No. 201600408 for demolition of part of the premises and ground and first floor alterations and additions at 16 Jarvie Avenue, Petersham (Lot 6, DP 14518) subject to conditions in Annexure A, incorporating the following additional operational condition: Windows W6, W5, as shown on the architectural floor plan for Level 1, are to have fixed blade louvres to a height of 1800mm above the floor with downward inflection, and adjustable above that. The bathroom window (W4) is to be fitted with translucent film. Reason: To ensure appropriate visual privacy for adjoining properties. (3) The exhibits are returned with the exception of A, B, D and 1. Catchwords: DEVELOPMENT APPEAL: against the refusal of alterations and additions to an existing dwelling – impacts on the significance of the heritage conservation area – amenity impacts on adjoining properties – compatibility of development with current and desired future character – impacts not sufficient to warrant refusal of application. 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: BGP Properties v Lake Macquarie City Council 138 LGERA 237; [2004] NSWLEC 399 Davies v Penrith City Council [2013] NSWLEC 1141 Texts Cited: Nil Category: Principal judgment Parties: James Bale (Applicant) Inner West Council (Respondent) Representation: S Turner, Inner West Council (Respondent) V Conomos, Conomos Legal (Applicant) File Number(s): 2017/00133768 Publication restriction: No
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate