Panos v Inner West Council [2018] NSWLEC 1284

Land and Environment Court New South Wales

Medium Neutral Citation: Panos v Inner West Council [2018] NSWLEC 1284 Hearing dates: 4-5 June 2018 Date of orders: 02 July 2018 Decision date: 15 June 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The clause 4.6 variation written request in regard to site coverage is upheld. (2) The appeal is upheld. (3) Inner West Council Development Application No. D/2017/424 for alterations and additions to an existing cottage at 16 River Street Birchgrove, including: alterations to the existing cottage, a new pool, a new three storey structure (for residential use and interconnected with the existing cottage), parking for two vehicles above this new structure (with street level access), bin storage on this street level pad, and a lift linking the residence below with the parking and street level; is approved, subject to the conditions in Annexure A. (4) The exhibits are returned with the exception of Exhibits 1, G and H. Catchwords: DEVELOPMENT APPLICATION: residential alterations and additions – carport - view loss - streetscape Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Development Control Plan 2013 Leichhardt Local Environmental Plan 2013 State Environmental Planning Policy No. 55 (Remediation of Land) Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Rose Bay Marina Pty Limited v Woollahra Municipal Council [2013] NSWLEC 1046 Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: Constantine Peter Panos (Applicant) Inner West Council (Respondent) Representation: Solicitors: G Green, Pikes & Verekers Lawyers (Applicant) S Turner, Inner West Council (Respondent) File Number(s): 2017/361171 Publication restriction: No