Nguyen v Inner West Council [2024] NSWLEC 1767

Nguyen v Inner West Council [2024] NSWLEC 1767

The appeal is upheld and development consent is granted as the amended application satisfies statutory requirements and addresses Council’s prior contentions, is permissible in the relevant zone, complies with building envelope controls, presents no environmental, heritage, or contamination impediments, and is supported by agreement between the parties under s 34 of the LEC Act.

Parties
First Applicant: Van Luan Nguyen; Second Applicant: Thu Trang Pham; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
28 November 2024
Procedural Posture
Class 1 Appeal / Post Conciliation Conference – Final Orders
Outcome
Appeal upheld; development consent granted; costs order made against the applicant for amendments
Legal Topics
Development Application, Conciliation Conference, Subdivision, Semi Detached Dwellings
Planning and Environment Development Application Conciliation Conference Subdivision Semi Detached Dwellings

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Van Luan Nguyen

First Applicant

Thu Trang Pham

Second Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference – Final Orders

Legal Issues

  1. 1 Whether development consent should be granted to DA/2023/0730 for demolition, construction of four semi-detached dwellings, and subdivision
  2. 2 Whether statutory and local planning controls are satisfied
  3. 3 Whether amended application addresses Council's contentions

Ratio Decidendi

The appeal is upheld and development consent is granted as the amended application satisfies statutory requirements and addresses Council’s prior contentions, is permissible in the relevant zone, complies with building envelope controls, presents no environmental, heritage, or contamination impediments, and is supported by agreement between the parties under s 34 of the LEC Act.

Court Disposition

Appeal upheld; development consent granted; costs order made against the applicant for amendments

Orders

  • Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Council's costs, thrown away as a result of the amendment of the application, of $2,500.00 within 28 days of these orders.
  • The appeal is upheld.