Quarello v Inner West Council [2020] NSWLEC 1422

Quarello v Inner West Council [2020] NSWLEC 1422

The amended development application satisfies the requirements of the relevant planning instruments, heritage provisions, and amenity controls. The parties have addressed all submissions and resolved contentions. There are no jurisdictional impediments to granting development consent, and the parties' agreement is one the Court could properly make.

Jurisdiction
Australia
Judgment Date
11 September 2020
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'heritage Conservation' 'amenity' 'consent Orders']
['planning and Environment'] ['development Application' 'heritage Conservation' 'amenity' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether consent should be granted to amended development application D/2019/313 for alterations and additions to an existing dwelling' 'Whether the proposal is consistent with applicable planning instruments, heritage controls, and amenity provisions']

Ratio Decidendi

The amended development application satisfies the requirements of the relevant planning instruments, heritage provisions, and amenity controls. The parties have addressed all submissions and resolved contentions. There are no jurisdictional impediments to granting development consent, and the parties' agreement is one the Court could properly make.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['Leave is granted to the applicant to amend the development application and rely on the amended plans listed in condition 4 of Annexure A.' 'The appeal is upheld.' 'Development consent is granted to development application D/2019/313 for demolition of existing building and construction of a new dwelling at 7 Dock...