5ifth Grade Pty Ltd v Inner West Council [2022] NSWLEC 1081

The amended development application satisfies the jurisdictional and substantive planning requirements including heritage conservation and relevant environmental planning instruments; the appeal is upheld and consent granted on agreed terms.

Jurisdiction: Australia
Judgment Date: 17 February 2022
Procedural Posture: Class 1 Appeal (development Application) / Final Orders After Conciliation Conference
Outcome: Appeal upheld; development consent granted subject to conditions.
Legal Topics: ['development Application' 'heritage Conservation' 'consent Orders' 'appeal Against Refusal']

['planning and Environment Law'] ['development Application' 'heritage Conservation' 'consent Orders' 'appeal Against Refusal']

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Procedural Posture

Class 1 Appeal (development Application) / Final Orders After Conciliation Conference

Legal Issues

1 ['Whether amended development application satisfies planning and heritage requirements' 'Whether consent should be granted for alterations and additions to heritage building']

Ratio Decidendi

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

['Leave is granted to the Applicant to amend Development Application DA/2020/0165 and rely on the amended plans and documents listed at condition 1 of Annexure A.' 'The appeal is upheld.' 'Consent is granted to Development Application DA2020/0165 for alterations and additions to the existing heritage building,...