Martyn v Inner West Council [2020] NSWLEC 1567

Martyn v Inner West Council [2020] NSWLEC 1567

The Court was satisfied that the parties' agreement met all relevant statutory and planning requirements and so, pursuant to s 34(3) of the Land and Environment Court Act 1979, disposed of the appeal upholding the application and granting development consent subject to conditions reflecting the agreement.

Parties
Applicant: Ryan Geoffrey Martyn; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
18 November 2020
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Agreement
Outcome
Appeal upheld; development consent granted as per agreement
Legal Topics
Development Application, Conditions of Consent, Heritage Conservation, Tree Removal, Flood Planning, Stormwater Management
Planning and Environment Law Development Application Conditions of Consent Heritage Conservation Tree Removal Flood Planning Stormwater Management

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Parties

Ryan Geoffrey Martyn

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Agreement

Legal Issues

  1. 1 Whether development consent should be granted for alterations and additions including the relocation of bathroom and associated works at a heritage item residence in Balmain East
  2. 2 Compliance with relevant planning instruments including Leichhardt Local Environmental Plan 2013, State Environmental Planning Policies, and Development Control Plans

Ratio Decidendi

The Court was satisfied that the parties' agreement met all relevant statutory and planning requirements and so, pursuant to s 34(3) of the Land and Environment Court Act 1979, disposed of the appeal upholding the application and granting development consent subject to conditions reflecting the agreement.

Court Disposition

Appeal upheld; development consent granted as per agreement

Orders

  • The Applicant is granted leave to rely upon additional documents detailed at Annexure 'A'.
  • Development consent granted for alterations and additions to the existing dwelling, conversion of existing outbuilding to secondary dwelling, new garage and swimming pool, tree removal and site works at 2 Duke Place, Balmain East, subject to conditions in Annexure 'B'.