Ginardi v Inner West Council [2023] NSWLEC 1688

Ginardi v Inner West Council [2023] NSWLEC 1688

The conciliated outcome, including consent for the amended development application, is one the Court could have made, as the clause 4.6 request is justified, the development is permissible with consent, relevant objectives are met, and all jurisdictional prerequisites are satisfied without adverse impacts.

Parties
Applicant: Carmelo Ginardi; Applicant: Edward Nicholas Ginardi; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
16 November 2023
Procedural Posture
Class 1 Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Heritage, Local Environmental Plans, Site Coverage Control, Consent Conditions
Planning and Environment Law Development Application Heritage Local Environmental Plans Site Coverage Control Consent Conditions

Case Brief

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Parties

Carmelo Ginardi

Applicant

Edward Nicholas Ginardi

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application should be approved
  2. 2 Whether clause 4.6 written request justifies contravention of cl 4.3C(3) of Inner West Local Environmental Plan 2022
  3. 3 Whether jurisdictional prerequisites under EPA Act and LEP are satisfied for granting consent

Ratio Decidendi

The conciliated outcome, including consent for the amended development application, is one the Court could have made, as the clause 4.6 request is justified, the development is permissible with consent, relevant objectives are met, and all jurisdictional prerequisites are satisfied without adverse impacts.

Court Disposition

Appeal upheld; development consent granted

Orders

  • Leave granted to rely on the Amended Development Application in accordance with specified documents
  • Applicant's clause 4.6 written request upheld permitting consent in contravention of clause 4.3C(3) of the Inner West Local Environmental Plan 2022