Lowe v Inner West Council [2018] NSWLEC 1229

Land and Environment Court New South Wales

Medium Neutral Citation: Lowe v Inner West Council [2018] NSWLEC 1229 Hearing dates: Conciliation Conference on 8 May, Hearing 9 May 2018 Date of orders: 10 May 2018 Decision date: 10 May 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The variation request pursuant to cl. 4.6 of the Leichhardt Local Environmental Plan 2013 is not sustained. (2) The appeal is dismissed. (3) Development application DA D/2017/371 for alterations and additions to the existing dwelling at 25 Lamb Street Lilyfield is refused. (4) The exhibits are returned with the exception of exhibits 1, D and G. Catchwords: DEVELOPMENT APPEAL: heritage conservation area – alterations and additions to a single storey terrace – variation to floor space ratio – weight to draft instrument which provides an increase in floor space – located in a distinctive neighbourhood. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 Texts Cited: Nil Category: Principal judgment Parties: Roy Lowe (Applicant) Inner West Council (Respondent) Representation: Solicitors: A Pickup, Pickup Legal (Applicant) S Turner, Inner West Council (Respondent) File Number(s): 2017/331874 Publication restriction: No