Mann v Inner West Council [2021] NSWLEC 1110

Mann v Inner West Council [2021] NSWLEC 1110

The parties' conciliated agreement satisfied the requirements of applicable planning instruments, including heritage and BASIX requirements, and as the Court could have made the same decision, orders granting development consent were made in accordance with s 34(3) of the Land and Environment Court Act 1979.

Parties
First Applicant: Dean Mann; Second Applicant: Dale Mann; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
03 March 2021
Procedural Posture
Development Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld and development consent granted in accordance with parties' agreement
Legal Topics
Development Application, Heritage Conservation, Alterations and Additions, Conciliation Conference
Planning and Environment Law Development Application Heritage Conservation Alterations and Additions Conciliation Conference

Case Brief

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Parties

Dean Mann

First Applicant

Dale Mann

Second Applicant

Inner West Council

Respondent

Procedural Posture

Development Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether amended plans satisfy the relevant planning instruments and heritage requirements
  2. 2 Whether the development is permissible under the Ashfield Local Environmental Plan 2013
  3. 3 Impact of proposed works on heritage conservation area

Ratio Decidendi

The parties' conciliated agreement satisfied the requirements of applicable planning instruments, including heritage and BASIX requirements, and as the Court could have made the same decision, orders granting development consent were made in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld and development consent granted in accordance with parties' agreement

Orders

  • The Applicants are granted leave to rely upon the amended plans and documentation referred to in condition 7 of the conditions at annexure 'A'.
  • The appeal is upheld.