David Scott Design v Inner West Council [2020] NSWLEC 1355

David Scott Design v Inner West Council [2020] NSWLEC 1355

The proposal, as amended and supported by additional stormwater information, satisfies all relevant planning controls, including appropriate consideration of heritage and stormwater management requirements. As the parties reached agreement at conciliation and statutory prerequisites are fulfilled, consent is granted subject to conditions.

Jurisdiction
Australia
Judgment Date
11 August 2020
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'heritage Conservation' 'stormwater Management']
['planning Law' 'environmental Law'] ['development Application' 'heritage Conservation' 'stormwater Management']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed development satisfies relevant planning controls including heritage and stormwater management requirements']

Ratio Decidendi

The proposal, as amended and supported by additional stormwater information, satisfies all relevant planning controls, including appropriate consideration of heritage and stormwater management requirements. As the parties reached agreement at conciliation and statutory prerequisites are fulfilled, consent is granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['The Applicant is granted leave to amend Development Application No. D/2019/237 to rely on the amended plans and documents listed in condition 3 of the conditions of consent at Annexure A.' 'The appeal is upheld.' 'Development Application No. D/2019/237 for the demolition of the rear structure and alterations and...