Grant v Inner West Council [2021] NSWLEC 1341

Grant v Inner West Council [2021] NSWLEC 1341

The court was satisfied that amending Condition 7 to require the kitchen layout to show the location of the former chimney breast using permanent materials, with retention of some brickwork where practical, properly considered the heritage objectives and effect under cl 5.10 of the ALEP. The parties' agreed decision met jurisdictional prerequisites and a reasonable heritage outcome.

Parties
First Applicant: Bridget Grant; Second Applicant: Leonardo Cirillo; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
10 June 2021
Procedural Posture
Development Appeal / Conciliation Conference and Orders
Outcome
Appeal upheld; amended conditions imposed; development application approved subject to amended conditions.
Legal Topics
Development Consent, Heritage Items, Amendment of Conditions, Local Planning Instruments
Environmental Law Planning Law Heritage Law Development Consent Heritage Items Amendment of Conditions Local Planning Instruments

Case Brief

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Parties

Bridget Grant

First Applicant

Leonardo Cirillo

Second Applicant

Inner West Council

Respondent

Procedural Posture

Development Appeal / Conciliation Conference and Orders

Legal Issues

  1. 1 Whether Condition 7 of DA/2020/0606 should be amended regarding the requirement to retain the kitchen fireplace and chimney
  2. 2 Whether the consent authority properly considered the effect of the proposed development on the heritage significance of the site

Ratio Decidendi

The court was satisfied that amending Condition 7 to require the kitchen layout to show the location of the former chimney breast using permanent materials, with retention of some brickwork where practical, properly considered the heritage objectives and effect under cl 5.10 of the ALEP. The parties' agreed decision met jurisdictional prerequisites and a reasonable heritage outcome.

Court Disposition

Appeal upheld; amended conditions imposed; development application approved subject to amended conditions.

Orders

  • Condition 7 is amended as set out in the judgment regarding the demonstration of the former chimney breast in permanent materials and retention of brickwork where practical.
  • The appeal is upheld.