Zhu v Inner West Council (No 2)

[2023] NSWLEC 1511

Land and Environment Court

New South Wales

Medium Neutral Citation:

Zhu v Inner West Council (No 2) [2023] NSWLEC 1511

Hearing dates:

29 and 30 June 2023

Date of orders:

08 September 2023

Decision date:

08 September 2023

Jurisdiction:

Class 1

Before:

Pullinger AC

Decision:

The Court orders that:

(1) Leave is granted to the Applicant to amend Development Application DA-2022/0721 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A.

(2) The appeal is upheld.

(3) Consent is granted to Development Application DA-2022/0721 (as amended) for demolition of an existing dwelling, construction of two, two-storey semi-detached dwellings and Torrens title subdivision of the property located at 12 Dibble Avenue, Marrickville, subject to the conditions of consent at Annexure A.

(4) The exhibits are returned, except for A, R, 1 and 3.

Catchwords:

DEVELOPMENT APPLICATION – semi-detached dwelling houses – Torrens title subdivision – appeal upheld – orders

Cases Cited:

Zhu v Inner West Council [2023] NSWLEC 1488

Category:

Principal judgment

Parties:

Xiaolong Zhu (Applicant)
Inner West Council (Respondent)

Representation:

Counsel:
P Vergotis (Solicitor) (Applicant)
J Marsland (Solicitor) (Respondent)

Solicitors:
Piper Alderman (Applicant)
Apex Planning and Environment Law (Respondent)

File Number(s):

2023/20987

Publication restriction:

Nil

JUDGMENT

1. COMMISSIONER: On 29 August 2023, I handed down my reasons in the Class 1 appeal Zhu v Inner West Council [2023] NSWLEC 1488 (the Principal Judgment) and indicated that upon the satisfaction of certain directions, I would give consideration to the making of final orders.

2. During the hearing, I granted leave to the Applicant to amend the Development Application as reflected in the Issue E architectural plans tendered as Exhibit R in the proceedings, which then formed the subject of the appeal.

3. In the Principal Judgment, the Applicant was directed to amend the BASIX certificate to reflect these architectural plans and to file an amended BASIX certificate with the Court.

4. Similarly, the Respondent was directed to amend its final conditions of consent to reflect the final amended architectural drawings and the Applicant’s amended BASIX certificate, and to file these conditions of consent with the Court.

5. The Court now has in hand the documentation set out above.

6. I am satisfied that the Development Application, BASIX certificate and final conditions of consent (all as amended) each accord with the Principal Judgment and I now make the following orders to dispose of the matter.

Orders

7. The Court orders that:

1. Leave is granted to the Applicant to amend Development Application DA-2022/0721 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A.

2. The appeal is upheld.

3. Consent is granted to Development Application DA-2022/0721 (as amended) for demolition of an existing dwelling, construction of two, two-storey semi-detached dwellings and Torrens title subdivision of the property located at 12 Dibble Avenue, Marrickville, subject to the conditions of consent at Annexure A.

4. The exhibits are returned, except for A, R, 1 and 3.

M Pullinger

Acting Commissioner of the Court

20987.23 Annexure A 

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Decision last updated: 08 September 2023