Kaur v Inner West Council [2019] NSWLEC 1564

Kaur v Inner West Council [2019] NSWLEC 1564

The appeal is upheld and development consent granted as the amended plans satisfactorily address required planning considerations and objections, and the parties' agreed resolution is within the Court's powers.

Parties
Applicant: Surinder Kaur; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
21 November 2019
Procedural Posture
Development Appeal / Post Conciliation Conference; Judgment and Orders
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Conciliation Conference, Council Refusal, Development Consent
Planning and Environment Development Application Conciliation Conference Council Refusal Development Consent

Case Brief

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Parties

Surinder Kaur

Applicant

Inner West Council

Respondent

Procedural Posture

Development Appeal / Post Conciliation Conference; Judgment and Orders

Legal Issues

  1. 1 Whether development consent should be granted for demolition of existing dwelling and construction of semi-detached dwellings
  2. 2 Whether amended plans address public submissions and objections
  3. 3 Compliance with Marrickville Local Environmental Plan 2011 and R2 Low Density Residential zone requirements

Ratio Decidendi

The appeal is upheld and development consent granted as the amended plans satisfactorily address required planning considerations and objections, and the parties' agreed resolution is within the Court's powers.

Court Disposition

Appeal upheld; development consent granted

Orders

  • Leave granted to applicants to amend development application and rely on amended plans listed in condition 5 of Annexure 'A'.
  • Applicants to pay respondent's costs of $4,500 within 28 days.