Perry v Inner West Council [2021] NSWLEC 1146

Perry v Inner West Council [2021] NSWLEC 1146

The appeal is upheld and the development application is approved, as the statutory criteria are met and the parties' agreement is one the Court could properly make in accordance with s 34 of the Land and Environment Court Act 1979.

Parties
First Applicant: James Perry; Second Applicant: George Perry; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
19 March 2021
Procedural Posture
Class 1 Appeal / Final Orders After S 34 Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Consent Authority Powers, Subdivision, Alterations and Additions, Heritage Conservation, Local Environmental Plan
Environmental Law Planning Law Development Application Consent Authority Powers Subdivision Alterations and Additions Heritage Conservation Local Environmental Plan

Case Brief

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Parties

James Perry

First Applicant

George Perry

Second Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After S 34 Conciliation Conference

Legal Issues

  1. 1 Whether the development application should be approved subject to conditions
  2. 2 Compliance with statutory planning controls and policies
  3. 3 Impact on heritage significance

Ratio Decidendi

The appeal is upheld and the development application is approved, as the statutory criteria are met and the parties' agreement is one the Court could properly make in accordance with s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal is upheld.
  • Development Application No. DA2020/1036 for alterations and additions to the existing building at 168-170 Australia Street, Newtown to provide two semi-detached dwellings and Torrens Title subdivision is approved subject to conditions of consent in Annexure 'A'.