Hessey v Inner West Council [2022] NSWLEC 1678

Hessey v Inner West Council [2022] NSWLEC 1678

All jurisdictional and statutory preconditions have been met; parties reached agreement at conciliation; the Court can grant development consent subject to agreed conditions.

Parties
Applicant: Annika Terese Hessey; Applicant: Blake Kelvin Lowry; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
02 December 2022
Procedural Posture
Class 1 Appeal / Final Orders Upon Conciliation Conference
Outcome
appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Heritage Conservation, Conciliation Conference
Planning and Environment Development Application Heritage Conservation Conciliation Conference

Case Brief

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Parties

Annika Terese Hessey

Applicant

Blake Kelvin Lowry

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders Upon Conciliation Conference

Legal Issues

  1. 1 Whether the proposed alterations and additions to the dwelling, including garage and studio, are permissible and compliant with planning and heritage requirements
  2. 2 Whether the development application can be granted consent subject to conditions agreed at conciliation

Ratio Decidendi

All jurisdictional and statutory preconditions have been met; parties reached agreement at conciliation; the Court can grant development consent subject to agreed conditions.

Court Disposition

appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development application DA/2021/1303 at 66 Cardigan Street, Stanmore is granted consent subject to conditions in Annexure 'A'.