Wells v Inner West Council [2019] NSWLEC 1324

Land and Environment Court New South Wales

Medium Neutral Citation: Wells v Inner West Council [2019] NSWLEC 1324 Hearing dates: Conciliation conference on 4 July 2019 Date of orders: 10 July 2019 Decision date: 10 July 2019 Jurisdiction: Class 1 Before: Blakely AC Decision: The Court orders: (1) The Applicant is granted leave to rely on the following amended drawings and documents.for the purpose of the development application: (a) MD06 & MD07 dated June 2018 prepared by Connor & Solomon (b) MD12 & MD13 dated June 2019 prepared by Connor & Solomon (c) DA06, DA07, DA12 & DA 14 dated June 2018 prepared by Connor & Solomon (d) Arboricultural Impact Assessment dated 11 March 2019 prepared by Tristan Bradshaw. (2) The appeal is upheld. (3) Development consent is granted to development application D/2018/319 for construction of a double garage accessed via Alexander Street and associated works, including removal of the portion of the concreted rendered street wall and conservation works to the adjoining sandstone wall and sandstone rock face in Alexander Street, and excavation and retaining wall works at 70 Waterview Street, Balmain subject to the conditions set out in Annexure "A". (4) No Order as to costs Catchwords: DEVELOPMENT APPLICATION – garage construction – heritage trees – street parking – garage street access – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 Texts Cited: Australian/New Zealand Off Street Parking Standards 2890-0091 Category: Principal judgment Parties: Angus Wells (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant)