Crossland v Inner West Council [2019] NSWLEC 1626

Land and Environment Court New South Wales

Medium Neutral Citation: Crossland v Inner West Council [2019] NSWLEC 1626 Hearing dates: Conciliation conference on 28-29 November 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) Leave is granted to the applicant to amend the development application and rely on the amended plans listed in condition 1 of Annexure A. (2) The applicant's written request under clause 4.6 of the Leichhardt Local Environmental Plan 2013 ('LLEP') prepared by Andrew Darroch dated November 2019 seeking to justify the contravention of the floor space ratio development standard in clause 4.4 of the LLEP is upheld. (3) The appeal is upheld. (4) Development consent is granted to development application D/2018/428 for demolition of the existing dwelling house and construction of a part 2 part 4 storey attached dwelling with associated car parking, landscaping and fencing at 109A Louisa Road, Birchgrove subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – four storey dwelling – view loss – exceedance in FSR – cl 4.6 request for variation – streetscape – 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 State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Belinda Crossland (Applicant) Inner West Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) G Christmas (Solicitor) (Respondent)