Arrage v Inner West Council

Arrage brought an appeal against the Inner West Council, contesting the council’s decision to deny a modification to a development consent granted for a residential property. The dispute came before the Land and Environment Court of New South Wales. The primary legal issues for the court to determine were whether the applicant had demonstrated that the modification to the development consent was justified under the applicable legislation and whether the refusal of the modification was unreasonable. The court considered whether the modification would have a detrimental impact on the surrounding environment and the character of the area, as well as whether the applicant had adequately addressed these concerns. The court found that the applicant had not demonstrated that the modification was justified and that the refusal was not unreasonable. The court dismissed the appeal and refused the application to modify the development consent. The court returned the exhibits, except for Exhibits A and 1, which were retained for future reference.