Londish v Inner West Council [2021] NSWLEC 1205

Londish v Inner West Council [2021] NSWLEC 1205

The amended development application is permissible, satisfies all relevant planning controls and statutory requirements, relevant expert issues have been adequately addressed or resolved, and both parties agreed on appropriate conditions for consent. Consequently, consent is granted to the amended application.

Parties
Applicant: Joshua Londish; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
29 April 2021
Procedural Posture
Appeal – Class 1 / Final Judgment/order After Conciliation Conference and Agreement
Outcome
Appeal upheld; development application approved with conditions by consent following agreement between parties.
Legal Topics
Development Application, Heritage Conservation, Planning Appeal, Statutory Interpretation, Local Government
Planning and Environment Administrative Law Development Application Heritage Conservation Planning Appeal Statutory Interpretation Local Government

Case Brief

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Parties

Joshua Londish

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal – Class 1 / Final Judgment/order After Conciliation Conference and Agreement

Legal Issues

  1. 1 Whether the amended development application should be approved under the Environmental Planning and Assessment Act 1979 and relevant local planning instruments
  2. 2 Whether the proposal is satisfactory in a heritage conservation area and complies with environmental, planning, and sustainability criteria

Ratio Decidendi

The amended development application is permissible, satisfies all relevant planning controls and statutory requirements, relevant expert issues have been adequately addressed or resolved, and both parties agreed on appropriate conditions for consent. Consequently, consent is granted to the amended application.

Court Disposition

Appeal upheld; development application approved with conditions by consent following agreement between parties.

Orders

  • The Applicant is granted leave to amend Development Application No. DA/2020/0712 and rely upon the amended plans and documents referenced in Condition 1 at Annexure 'A'.
  • The appeal is upheld.