Studio Johnston Architects Pty Ltd v Inner West Council [2025] NSWLEC 1080

Studio Johnston Architects Pty Ltd v Inner West Council [2025] NSWLEC 1080

The appeal is upheld and the development consent is modified, as all jurisdictional prerequisites under s 4.56 of the Environmental Planning and Assessment Act 1979 are satisfied and the Court is required by s 34(3) of the Land and Environment Court Act 1979 to give effect to the parties' agreement, the modified development being substantially the same as the original consent.

Parties
Applicant: Studio Johnston Architects Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
14 February 2025
Procedural Posture
Development Appeal / Disposition Following Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent modified per agreements and annexures
Legal Topics
Modification Application, Development Consent, Heritage Conservation, Stormwater Drainage, Landscaped Area, BASIX Compliance
Planning Law Local Government Law Environmental Law Modification Application Development Consent Heritage Conservation Stormwater Drainage Landscaped Area +1 more

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Parties

Studio Johnston Architects Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Development Appeal / Disposition Following Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether the modification application satisfies the relevant statutory preconditions under s 4.56 of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the modified development remains substantially the same as the original development
  3. 3 Whether relevant environmental, heritage and planning considerations have been addressed

Ratio Decidendi

The appeal is upheld and the development consent is modified, as all jurisdictional prerequisites under s 4.56 of the Environmental Planning and Assessment Act 1979 are satisfied and the Court is required by s 34(3) of the Land and Environment Court Act 1979 to give effect to the parties' agreement, the modified development being substantially the same as the original consent.

Court Disposition

Appeal upheld; development consent modified per agreements and annexures

Orders

  • The appeal is upheld.
  • Development consent DA/2023/0261 for the demolition of existing dwellings, swimming pool and structures, remediation of the site, site amalgamation, and construction of a new four (4) storey dwelling with parking, swimming pool, landscaping and associated works at Lot 1 in DP 797330, Lot 2 in DP 797330 and Lot 1 in...