Elaine Richardson Architect v Inner West Council [2019] NSWLEC 1508

Land and Environment Court New South Wales

Medium Neutral Citation: Elaine Richardson Architect v Inner West Council [2019] NSWLEC 1508 Hearing dates: Conciliation conference on 17 July 2019; 28 August 2019 Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is granted leave to rely on the amended plans that are listed at Annexure "A". (2) The applicant is to pay the respondent's costs thrown away as a result of the amended plans in the amount of $10,245.00, within 28 days of the making of these orders, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development consent is granted to development application No. DA201800259 for the construction of a new outdoor dining area to the rear of the site at the corner of Railway Street and Carrington Lane, demolition of a section of existing wall, erection of a new acoustic wall and new fence and gate, and enclosed smoking area facing Terminus Street, subject to the conditions set out at Annexure "B". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Marrickville Local Environmental Plan 2011 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Elaine Richardson Architect (Applicant) Inner West Council (Respondent) Representation: Counsel: D Manca (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)