Norton Street Pty Ltd v Inner West Council [2019] NSWLEC 1208

Land and Environment Court New South Wales

Medium Neutral Citation: Norton Street Pty Ltd v Inner West Council [2019] NSWLEC 1208 Hearing dates: Conciliation conference on 26 April 2019 Date of orders: 14 May 2019 Decision date: 14 May 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) Leave is granted to the Applicant to rely on the amended architectural plans and stormwater drainage plans set out in conditions 1 and 6(a), respectively, of Annexure A. (2) The Applicant is to pay the Respondent's costs that are thrown away as a result of amending the application for development consent, in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $6,000.00 (inclusive of GST) within 28 days of the date of these orders. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. D/2018/184 for the demolition of existing structures and construction of a four storey mixed use building comprising commercial space on the ground floor and six residential apartments on the first, second and third levels, and associated works, including car parking on Lot 26 of Section 3 in Deposited Plan 1162, known as 324 Norton Street, Leichhardt, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Norton Street Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Solicitors: M Jaku, Jaku Legal (Applicant) M Bonanno, Inner West Council (Respondent) File Number(s): 2018/185802 Publication restriction: No