Abraham v Inner West Council [2019] NSWLEC 1370

Land and Environment Court New South Wales

Medium Neutral Citation: Abraham v Inner West Council [2019] NSWLEC 1370 Hearing dates: Conciliation conference on 2 August 2019 Date of orders: 06 August 2019 Decision date: 06 August 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The applicant is granted leave to amend the application by relying on the amended plans and documentation referred to in condition 2 of Annexure A. (2) The applicant is to pay the respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $8,000. (3) The written requests to vary the development standards in cll 4.3A and 4.4(2B)(b)(ii) of Leichhardt Local Environmental Plan 2013 are upheld. (4) The appeal is upheld. (5) Development Application No. D/2018/243 for site consolidation, alterations and additions to the existing warehouse buildings at the site and change of use to a multi dwelling housing development containing three dwellings and 2 car spaces at 75-77 Beattie Street, Balmain, is approved, subject to the deferred commencement condition and 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 Environmental Plan 2013 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: Richard Abraham (Applicant) Inner West Council (Respondent) Representation: Solicitors: G Green and A Knox, Pikes & Verekers Lawyers (Applicant) M Bonanno, Inner West Council (Respondent) File Number(s): 2018/296942 Publication restriction: No