Hodge v Inner West Council [2019] NSWLEC 1187

Land and Environment Court New South Wales

Medium Neutral Citation: Hodge v Inner West Council [2019] NSWLEC 1187 Hearing dates: Conciliation conference 23 April 2019 Date of orders: 30 April 2019 Decision date: 30 April 2019 Jurisdiction: Class 1 Before: Walsh C Decision: See [24] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy 55 – Remediation of Land Leichhardt Local Environmental Plan 2013 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Michael Hodge (Applicant) Inner West Council (Respondent) Representation: Solicitors: S Griffiths, Bartier Perry Lawyers (Applicant) G Christmas, Apex Planning and Environment Law (Respondent) File Number(s): 18/258914 Publication restriction: No

Judgment 1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, are an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the Respondent's deemed refusal of development application D/2018/208 (DA). The DA sought consent for the demolition of the existing attached dwellings and construction of two new attached dwellings with basement garages, boundary adjustment and associated works on land identified as Lot A in Deposited plan 383726 and Lot B in Deposited Plan 383726, and known as 18-20 Rose Street, Birchgrove.