Succar v Inner West Council [2020] NSWLEC 1023

Land and Environment Court New South Wales

Medium Neutral Citation: Succar v Inner West Council [2020] NSWLEC 1023 Hearing dates: Conciliation conference on 25 November 2019 Date of orders: 16 January 2020 Decision date: 16 January 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended drawings (as referred to in Annexure "A") for the purpose of the development application. (2) The Applicant is to pay the Respondent's costs pursuant to section 8.15 of the Environmental Planning and Assessment Act 1979, in the sum of $6,000.00. (3) The appeal is upheld. (4) Development consent is granted to modified development application DA 2018.91.1 for the demolition of the existing structures and construction of an 8 room boarding house at 122A Milton Street, Ashfield is determined by approving the plans and modifications as set out in Annexure "B". Catchwords: DEVELOPMENT APPLICATION – boarding house – conciliation conference – agreement between the parties – orders Legislation Cited: Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2004 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Sonia Succar (Applicant) Inner West Council (Respondent) Representation: Counsel: N Hammond (Applicant) S Turner (Solicitor) (Respondent)