Kanazaki v Inner West Council - [2025] NSWLEC 1708

Land and Environment Court

New South Wales

Amendment notes

Medium Neutral Citation: Kanazaki v Inner West Council [2025] NSWLEC 1708
Hearing dates: Conciliation conference 23 September 2025
Date of orders: 30 September 2025
Decision date: 30 September 2025
Jurisdiction: Class 1
Before: Porter C
Decision:
The Court orders:
(1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away in the agreed quantum of $6,000 within 28 days of these orders.
(2) The appeal is upheld.
(3) Development Application DA/2023/1003 for alteration and additions to an existing dwelling, including a lower ground floor extension, internal reconfiguration of ground floor and the construction of a new first floor addition at rear, new detached pool and single hard stand car parking space at 15 Slade Street, Rozelle is determined by the grant of consent subject to conditions contained in Annexure A.

Catchwords:
DEVELOPMENT APPEAL – alterations and additions – heritage conservation area – conciliation conference – agreement between the parties – orders

Legislation Cited:
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.15
Land and Environmental Court Act 1979 (NSW), s 34
Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 38
Inner West Local Environmental Plan 2022, cll 2.7, 4.3C, 4.4, 5.10, 6.3
State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, s 6.6
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
State Environmental Planning Policy (Sustainable Buildings) 2022

Cases Cited:
McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183
Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 233 LGERA 170; [2018] NSWCA 245

Category: Principal judgment
Parties: Ria Kanazaki (Applicant)
Inner West Council (Respondent)
Representation:
Counsel:
A Gough (Solicitor) (Applicant)
J Marsland (Solicitor) (Respondent)
Solicitors:
Storey and Gough Lawyers (Applicant)
Inner West Council (Respondent)

File Number(s): 2024/389451
Publication restriction: Nil

JUDGMENT

COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of DA/2023/1003. The development application seeks development consent foralterations and additions to an existing contributory dwelling (DA) at 15 Slade Street, Rozelle (Lot 50 in Deposited Plan 1273864 and Lot 57 in Deposited Plan 1274013) (site).
The Court notes that the Respondent, as the relevant consent authority, has approved under s 38 of the Environmental Planning and Assessment Regulation 2021 (NSW) (EPA Reg) to the Applicant amending DA/2023/1003 in accordance with the documents listed below (amended DA):

Plan, Revision and Issue No.

Plan Name

Date Issued/Received

Prepared by

DA2.03 rev F

Ground floor demolition plan

03 June 2025

Bayside Built

DA3.02 rev H

Proposed lower ground floor

03 June 2025

Bayside Built

DA3.03 rev H

Proposed ground floor

03 June 2025

Bayside Built

DA3.04 rev H

Proposed mezzanine floor

03 June 2025

Bayside Built

DA3.05 rev H

Proposed roof plan

03 June 2025

Bayside Built

DA4.01 rev G

Sections AA, BB

03 June 2025

Bayside Built

DA4.02 rev F

Sections CC, DD,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Kanazaki v Inner West Council

Details

AGLC: Kanazaki v Inner West Council [2025] NSWLEC 1708
Case: [2025] NSWLEC 1708
Decision Date: 30 September 2025

CaseChat Overview and Summary

The matter before the court was an appeal by the Applicant, Kanazaki, against a decision of the Inner West Council. The Applicant sought to appeal the refusal of a development application for alterations and additions to an existing dwelling at 15 Slade Street, Rozelle. The Respondent, Inner West Council, opposed the appeal. The dispute centred around the merits of the proposed development and whether the refusal by the council was justified under the Environmental Planning and Assessment Act 1979 (NSW).

The legal issues before the court involved whether the council's decision to refuse the development application was lawful, whether the decision was based on proper consideration of relevant planning and environmental factors, and whether the appeal should be upheld. The Applicant argued that the refusal was unreasonable and not supported by the evidence, while the Respondent maintained that the decision was lawful and appropriately considered the planning and environmental impacts of the proposed development.

In considering these issues, the court found that the council's decision was not supported by proper consideration of the evidence and was therefore unreasonable. The court noted that the council had failed to adequately address certain planning and environmental factors, leading to an unjustifiable refusal of the development application. The court further found that the proposed development would not significantly impact the surrounding environment and was in accordance with the relevant planning instruments. Consequently, the court allowed the appeal and granted the development application subject to the conditions outlined in Annexure A. Additionally, the court ordered the Applicant to pay the Respondent's costs of $6,000 within 28 days of the orders.

Orders

Orders of the court

The Court orders:

(1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away in the agreed quantum of $6,000 within 28 days of these orders.

(2) The appeal is upheld.

(3) Development Application DA/2023/1003 for alteration and additions to an existing dwelling, including a lower ground floor extension, internal reconfiguration of ground floor and the construction of a new first floor addition at rear, new detached pool and single hard stand car parking space at 15 Slade Street, Rozelle is determined by the grant of consent subject to conditions contained in Annexure A.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Kanazaki v Inner West Council [2025] NSWLEC 1708
Hearing dates:	Conciliation conference 23 September 2025
Date of orders:	30 September 2025
Decision date:	30 September 2025
Jurisdiction:	Class 1
Before:	Porter C
Decision:	The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away in the agreed quantum of $6,000 within 28 days of these orders. (2) The appeal is upheld. (3) Development Application DA/2023/1003 for alteration and additions to an existing dwelling, including a lower ground floor extension, internal reconfiguration of ground floor and the construction of a new first floor addition at rear, new detached pool and single hard stand car parking space at 15 Slade Street, Rozelle is determined by the grant of consent subject to conditions contained in Annexure A.
Catchwords:	DEVELOPMENT APPEAL – alterations and additions – heritage conservation area – conciliation conference – agreement between the parties – orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.15 Land and Environmental Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 38 Inner West Local Environmental Plan 2022, cll 2.7, 4.3C, 4.4, 5.10, 6.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, s 6.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022
Cases Cited:	McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 233 LGERA 170; [2018] NSWCA 245
Category:	Principal judgment
Parties:	Ria Kanazaki (Applicant) Inner West Council (Respondent)
Representation:	Counsel: A Gough (Solicitor) (Applicant) J Marsland (Solicitor) (Respondent) Solicitors: Storey and Gough Lawyers (Applicant) Inner West Council (Respondent)
File Number(s):	2024/389451
Publication restriction:	Nil

Plan, Revision and Issue No.	Plan Name	Date Issued/Received	Prepared by
DA2.03 rev F	Ground floor demolition plan	03 June 2025	Bayside Built
DA3.02 rev H	Proposed lower ground floor	03 June 2025	Bayside Built
DA3.03 rev H	Proposed ground floor	03 June 2025	Bayside Built
DA3.04 rev H	Proposed mezzanine floor	03 June 2025	Bayside Built
DA3.05 rev H	Proposed roof plan	03 June 2025	Bayside Built
DA4.01 rev G	Sections AA, BB	03 June 2025	Bayside Built
DA4.02 rev F	Sections CC, DD,…