Akiki v Inner West Council [2019] NSWLEC 1244

Land and Environment Court New South Wales

Medium Neutral Citation: Akiki v Inner West Council [2019] NSWLEC 1244 Hearing dates: Conciliation conference on 24 May 2018 Date of orders: 04 June 2019 Decision date: 04 June 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended drawings (as referred to in Annexure "A") for the purpose of the development application. (2) The appeal is upheld. (3) Development consent is granted to modified development application DA201800436.01 to provide a first floor attic to the garage at 140 Victoria Street, Dulwich Hill is determined by approving the modifications as set out in Annexure "B". (4) As a consequence of Order (3), Development Consent No. DA201800436 to demolish part of the premises and carry out ground and first floor alterations and additions to a dwelling house is now subject to the consolidated, modified conditions of development consent set out in Annexure "C". (5) No Order as to costs. 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: Jack Akiki (Applicant) Inner West Council (Respondent) Representation: Counsel: J Farrell (Applicant)

Solicitors: Gilbert & Tobin (Applicant) S Turner, Inner West Council (Respondent) File Number(s): 2019/47221 Publication restriction: No