Liley v Inner West Council [2020] NSWLEC 1144

Liley v Inner West Council [2020] NSWLEC 1144

The court was satisfied that the consent could be granted to the amended development application as all statutory prerequisites were met, including requirements relating to the heritage conservation area, and thus it was required to make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
26 March 2020
Procedural Posture
Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 (class 1) / Post Conciliation Conference; Orders Following Agreement Between Parties
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
['development Application' 'heritage Conservation' 'conciliation Conference' 'jurisdictional Prerequisites']
['planning and Environment'] ['development Application' 'heritage Conservation' 'conciliation Conference' 'jurisdictional Prerequisites']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 (class 1) / Post Conciliation Conference; Orders Following Agreement Between Parties

Legal Issues

  1. 1 ['Whether the amended development application satisfies statutory prerequisites for consent under the Leichhardt Local Environmental Plan 2013 and relevant legislation' 'Whether the development adversely affects the heritage conservation area']

Ratio Decidendi

The court was satisfied that the consent could be granted to the amended development application as all statutory prerequisites were met, including requirements relating to the heritage conservation area, and thus it was required to make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend Development Application No. D/2019/238 and to rely upon the amended plans and documents detailed.' 'The appeal is upheld.' 'Development Application No. D/2019/238 (as amended) for alterations and additions to the dwelling at 173 Beattie Street, Balmain is approved subject to...