Gransasso D’Italia Pty Ltd v Inner West Council [2019] NSWLEC 1346

Land and Environment Court New South Wales

Medium Neutral Citation: Gransasso D'Italia Pty Ltd v Inner West Council [2019] NSWLEC 1346 Hearing dates: Conciliation conference on 22 May 2019 Date of orders: 24 July 2019 Decision date: 24 July 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is granted leave to amend the application by relying on the amended plans listed in Condition 1 of the conditions of consent at Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed of $1,000.00 within 7 days of the date of these orders. (3) The appeal is upheld. (4) Development Application No. D/2017/587 to carry out alterations and additions to the existing dwelling house on the land known as 56 Ballast Point Road, Birchgrove, is approved, subject to the conditions of consent at 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 Leichhardt Local Environmental Plan 2013 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: Gransasso D'Italia Pty Ltd (First Applicant) Conca D'Oro Holdings Pty Ltd (Second Applicant) Inner West Council (Respondent) Representation: Solicitors: G Hartley, Hartley Solicitors (Applicants) G Christmas, Apex Planning and Environment Law (Respondent) File Number(s): 2018/308041 Publication restriction: No