Stag Property Pty Ltd v Inner West Council [2022] NSWLEC 1719

Stag Property Pty Ltd v Inner West Council [2022] NSWLEC 1719

Development consent is granted as the amended applications meet all relevant environmental planning instrument requirements, adequately address heritage conservation, aircraft noise, and contamination concerns, and parties have reached agreement on all conditions of consent.

Parties
Applicant: Stag Property Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
21 December 2022
Procedural Posture
Class 1 Appeal / Conciliation Conference and Orders
Outcome
Appeals upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Subdivision, Dwelling House Development, Heritage Conservation, Conciliation Conference
Planning and Environment Development Application Subdivision Dwelling House Development Heritage Conservation Conciliation Conference

Case Brief

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Parties

Stag Property Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference and Orders

Legal Issues

  1. 1 Whether development consent should be granted for subdivision and dwelling house development on heritage conservation area.
  2. 2 Compliance with relevant environmental planning instruments.
  3. 3 Impact on local heritage items.

Ratio Decidendi

Development consent is granted as the amended applications meet all relevant environmental planning instrument requirements, adequately address heritage conservation, aircraft noise, and contamination concerns, and parties have reached agreement on all conditions of consent.

Court Disposition

Appeals upheld; development consent granted subject to conditions.

Orders

  • In proceedings 2022/237293: Appeal upheld. Development consent granted to Development Application DA/2022/0246 for demolition and construction of two-storey plus attic dwellings and subdivision at 15 Albion Street, subject to conditions at Annexure A.
  • In proceedings 2022/237326: Appeal upheld. Development consent granted to Development Application DA/2022/0154 for construction of new house (two storeys plus attic) at 17 Albion Street, subject to conditions at Annexure B.