James v Inner West Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

James v Inner West Council [2023] NSWLEC 1314

Hearing dates:

Conciliation Conference 26 April and 18 and 29 May 2023

Date of orders:

21 June 2023

Decision date:

21 June 2023

Jurisdiction:

Class 1

Before:

Espinosa C

Decision:

The Court orders that:

(1) The written requests under clause 4.6 of the Leichhardt Local Environmental Plan 2013 are upheld.

(2) The appeal is upheld.

(3) Development Application No. DA2022/0192, as amended, at 14C Jane Street, Balmain (Lot 13 DP 1041574) is determined by grant of consent, subject to the conditions of consent contained at Annexure A.

Catchwords:

DEVELOPMENT APPEAL – alterations and additions – dual occupancy – floor space ratio development standard - heritage – parking and traffic control – conciliation conference – agreement between the parties - orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7

Environmental Planning and Assessment Regulation 2021, s 37

Inner West Local Environmental Plan 2022, cl 1.8A

Land and Environment Court Act 1979, ss 34, 34AA, 39

Leichhardt Local Environmental Plan 2013, Sch 5, cll 4.3, 4.3A, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.4

Road Transport Act 2013, Sch 4, ss 41, 122, 273

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6

Cases Cited:

HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135

Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118

Makram Constructions Pty Limited v North Sydney Council (2002) 119 LGERA 42; [2002] NSWLEC 4

Tahany Pty Limited v Waverley Council [2022] NSWLEC 1363

Texts Cited:

Department of Planning & Environment NSW, Planning Circular PS 20-002 – Variations to development standards, 2020

Inner West Community Engagement Framework

Category:

Principal judgment

Parties:

Stephen James (Applicant)
Inner West Council (Respondent)

Representation:

Counsel:
D Robertson (Applicant)
A Sinclair (Solicitor)(Respondent)

Solicitors:
Shaw Reynolds Lawyers (Applicant)
Lindsay Taylor Lawyers (Respondent)

File Number(s):

2022/329498

Publication restriction:

Nil

Judgment

1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of development application DA2022/0192 for alterations and additions to convert an existing dwelling into a dual occupancy, construction of a new swimming pool, a new garage off Fawcett Street, landscaping and associated works (the Proposed Development) at 14C Jane Street, Balmain legally described as Lot 13 in DP 1041574 (the Site).

2. The Court arranged a conciliation conference under s 34AA(2)(a) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 26 April, 18 May and 29 May 2023. I presided over the conciliation conference.

3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. The parties’ experts agree that all contentions raised in the Statement of Facts and Contentions filed 22 December…