NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Lay v Inner West Council [2020] NSWLEC 1178 Hearing dates: 10-11 March 2020 Date of orders: 16 April 2020 Decision date: 16 April 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is dismissed; (2) Development Application DA/2018/515 for alterations and additions to an existing two storey mixed use building including renovation of first floor building and a new second floor including a lift at Lot 5 DP 431011 known as 49 Darling Street, Balmain East is determined by refusal; and (3) The exhibits other than Exhibits A, B and 2 be returned. Catchwords: Alterations and additions to mixed use building – Heritage Conservation Area – whether compatible with desired future character Legislation Cited: Environmental Planning and Assessment Act 1979 Leichhardt Local Environmental Plan 2013 Cases Cited: Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Bruce Lay (Applicant) Inner West Council (Respondent) Representation: Counsel: D Briggs (Solicitor) (Applicant) S Turner (Solicitor) (Respondent) A Garsia (Respondent)
Solicitors: D G Briggs & Associates (Applicant) Inner West Council (Respondent) File Number(s): 2019/110376 Publication restriction: No
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