Zammit v Inner West Council [2019] NSWLEC 1074

Land and Environment Court New South Wales

Medium Neutral Citation: Zammit v Inner West Council [2019] NSWLEC 1074 Hearing dates: 7 – 8 February 2019 Date of orders: 26 February 2019 Decision date: 26 February 2019 Jurisdiction: Class 1 Before: Horton C Decision: (1) Leave is granted to the applicant to amend the application for development consent, by relying on the information and the amended plans in Exhibit A and Exhibit B; (2) The appeal is upheld; (3) Development consent is granted for Development Application DA10.2017.257.1 for alterations and additions to the rear of the existing dwelling, including demolition of the existing car port, kitchen, dining, laundry and deck areas and construction of a new 2 storey addition, garage, landscaped garden, pool and rear deck at No.39 Tintern Road, Ashfield, subject to the conditions annexed hereto and marked "A"; (4) The exhibits are returned, except for Exhibits A, B and 7. Catchwords: APPEAL: alterations and additions, heritage conservation area, good design Legislation Cited: Ashfield Local Environment Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Totem Queens Park Pty Ltd v Waverley Council [2004] NSWLEC 712 Texts Cited: Better Placed, NSW Government Architect Inner West Comprehensive Development Control Plan 2016 Category: Principal judgment Parties: Dylan Zammit (Applicant) Inner West Council (Respondent) Representation: Counsel: T To (Applicant)