Hemmes Property Pty Ltd v Inner West Council [2023] NSWLEC 1786

Hemmes Property Pty Ltd v Inner West Council [2023] NSWLEC 1786

The appeal is upheld and the development application is approved by agreement as it satisfies relevant legislative and planning requirements, is within permissible height, complies with DCP 2011, is permissible in the zone, and is acceptable subject to conditions, with appropriate consideration of acoustic and parking impacts.

Jurisdiction
Australia
Judgment Date
21 December 2023
Procedural Posture
Class 1 Appeal (development Application) / Final Determination After Conciliation
Outcome
Appeal upheld, application approved subject to conditions, and costs order made.
Legal Topics
['development Application' 'car Parking' 'outdoor Beer Garden' 'acoustic Requirements' 'land Zoning']
['planning and Environment'] ['development Application' 'car Parking' 'outdoor Beer Garden' 'acoustic Requirements' 'land Zoning']

Case Brief

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Procedural Posture

Class 1 Appeal (development Application) / Final Determination After Conciliation

Legal Issues

  1. 1 ['Whether development consent should be granted for removal of 20 car parking spaces and use of an outdoor area as a beer garden, with associated works and acoustic treatments']

Ratio Decidendi

The appeal is upheld and the development application is approved by agreement as it satisfies relevant legislative and planning requirements, is within permissible height, complies with DCP 2011, is permissible in the zone, and is acceptable subject to conditions, with appropriate consideration of acoustic and parking impacts.

Court Disposition

Appeal upheld, application approved subject to conditions, and costs order made.

Orders

  • ['The appeal is upheld.' "The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $28,000 within 28 days." 'Development application No DA/2022/0064 for the removal of 20 on-site car...