Mauro Poletti v Inner West Council

Mauro Poletti has appealed against the refusal by the Inner West Council to grant development consent for a project involving internal alterations and additions to a class 4 dwelling, the strip out of retail premises for a new salt float tank, and other alterations to an existing car park. The Local Planning Panel had rejected the application on 19 April, 2017, and the Inner West Council affirmed this decision on 29 May, 2017. The legal issues before the court were whether the Inner West Council’s decision to refuse development consent was unreasonable, and whether the court should grant development consent subject to revised conditions. The key issue was whether the proposed development would be contrary to the relevant planning instruments.

The court held that the refusal of development consent was unreasonable because the proposed development would not be contrary to the relevant planning instruments. The court found that the proposed development would not have an unreasonable impact on the amenity or character of the area, nor would it be contrary to the relevant planning scheme. The court also found that the proposed development would not be contrary to the relevant planning scheme because it would not have an unreasonable impact on the amenity or character of the area. The court therefore ordered that development consent be granted subject to revised conditions.