Bonus v Inner West Council [2020] NSWLEC 1016

Land and Environment Court New South Wales

Medium Neutral Citation: Bonus v Inner West Council [2020] NSWLEC 1016 Hearing dates: Conciliation conference on 14 October 2019; 25 October 2019; 1 November 2019; 15 November 2019; 19 December 2019 Date of orders: 21 January 2020 Decision date: 21 January 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) Leave is granted to the Applicant to amend the development application and rely on the amended plans listed in condition 4 of Annexure A. (2) The Applicant is to pay the Respondent's re-notification costs of $1,105 payable within 28 days of this agreement. (3) The applicants are to pay the Respondent's costs thrown away as a result of the amendment of the application in the amount of $7,000 payable within 28 days of this agreement. (4) The applicant's written requests under clause 4.6 of the Leichhardt Local Environmental Plan 2013 seeking a variation of the development standards for floor space ratio and foreshore building line under clauses 4.4 and 6.5 of the Leichhardt Local Environmental Plan 2013 are upheld. (5) The appeal is upheld. (6) Development consent is granted to development application DA/2019/455 for demolition of existing structures, tree removal, construction of two semi-detached dwellings with on-site parking, and associated works, including retention of existing boat shed, landscaping works, Torrens title subdivision and remediation of site at 80-82 Louisa Road, Birchgrove is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – semi-detached dwelling development – heritage conservation – 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 Category: Principal judgment Parties: Geoff Bonus (Applicant) Inner West Council (Respondent) Representation: Counsel: D Baird (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)