Parisi v Inner West Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Parisi v Inner West Council [2021] NSWLEC 1216

Hearing dates:

Conciliation conference on 9 April 2021

Date of orders:

30 April 2021

Decision date:

30 April 2021

Jurisdiction:

Class 1

Before:

Peatman AC

Decision:

The Court orders:

(1) The application in proceedings 2021/55816 to modify DA/2020/0286 made pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 is approved.

(2) Development consent granted by the Court in proceedings number 177043 of 2020 (Parisi v Inner West Council [2020] NSWLEC 1601) being DA/2020/0286, relating to land identified as Lot 8 in Deposited Plan 11121 and known as 2 Caroline Street, Balmain NSW 2041, is modified by amending condition number 2 (b) in accordance with the modified Conditions of Consent annexed and marked Annexure “A”.

(3) The Modification Application amended Consent Condition 2 (b) incorporated into the Original Consent DA/2020/0286 as a consolidated set of conditions pertaining to 2 Caroline Street, Balmain – as annexed and marked Annexure “B”.

Catchwords:

MODIFICATION APPLICATION – ground floor levels of garages to comply with Australian Standard AS2890.1-2004 – conciliation conference – agreement between the parties – orders

Legislation Cited:

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000

Land and Environment Court Act 1979

Leichhardt Local Environmental Plan 2013

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

State Environmental Planning Policy No 55 – Remediation of Land

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

Cases Cited:

Parisi v Inner West Council [2020] NSWLEC 1601

Texts Cited:

Australian/New Zealand Standard AS/NZS 2890.1:2004 Parking Facilities Part 1: Off-street Car Parking

Leichhardt Development Control Plan 2013

Category:

Principal judgment

Parties:

Gary Gaetano Anthony Parisi (Applicant)
Inner West Council (Respondent)

Representation:

Counsel:
S Griffiths (Solicitor) (Applicant)
S Allam (Solicitor) (Respondent)

Solicitors:
Bartier Perry Lawyers (Applicant)
Inner West Council (Respondent)

File Number(s):

2021/55816

Publication restriction:

No

Judgment

1. COMMISSIONER: These proceedings relate to an application made pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act) to modify a development consent granted by the Land and Environment Court of New South Wales (Court).

2. On 3 December 2020, in Court proceedings number 177043 of 2020 and known as Parisi v Inner West Council [2020] NSWLEC 1601 (Original Proceedings), the Court made orders in accordance with an agreement reached between the parties to uphold the appeal and grant development consent to DA/2020/0286 (DA) for demolition of the existing dwelling, subdivision of the site and construction of 2, two-storey townhouses with on-site parking, subject to conditions (Consent), at 2 Caroline Street, Balmain (Site).

3. On 26 February 2021, the Application Class 1 was filed with the Court instituting the subject proceedings (Current Proceedings) and sought orders that the Consent be    modified by rewording Condition 2(b) of the Consent (Condition 2(b)) only.

4. On 7 April 2021, the parties filed an agreement under s 34(3) of the Land and Environment Court Act 1979 (LEC…