Raiss v Inner West Council [2024] NSWLEC 1719

Raiss v Inner West Council [2024] NSWLEC 1719

The conciliated agreement between the parties complies with all statutory preconditions and planning controls, allowing the Court, under s 34(3) of the Land and Environment Court Act 1979, to uphold the appeal and grant development consent to the amended application DA/2023/0755, subject to conditions.

Parties
Applicant: Trevor Raiss; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
07 November 2024
Procedural Posture
Development Appeal / Final Determination After Conciliation Conference
Outcome
The appeal is upheld. Development consent is granted to DA/2023/0755 subject to conditions.
Legal Topics
Development Consent, Heritage, Amendment of Conditions, Appeal Process, Conciliation Conference
Planning and Environment Development Consent Heritage Amendment of Conditions Appeal Process Conciliation Conference

Case Brief

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Parties

Trevor Raiss

Applicant

Inner West Council

Respondent

Procedural Posture

Development Appeal / Final Determination After Conciliation Conference

Legal Issues

  1. 1 Whether amended development application DA/2023/0755 should be granted consent subject to conditions
  2. 2 Whether conditions regarding demolition, design, security deposit, fencing, and heritage are satisfied
  3. 3 Whether jurisdictional prerequisites under s 34 of the Land and Environment Court Act 1979 and s 8.7 of the Environmental Planning and Assessment Act 1979 are met

Ratio Decidendi

The conciliated agreement between the parties complies with all statutory preconditions and planning controls, allowing the Court, under s 34(3) of the Land and Environment Court Act 1979, to uphold the appeal and grant development consent to the amended application DA/2023/0755, subject to conditions.

Court Disposition

The appeal is upheld. Development consent is granted to DA/2023/0755 subject to conditions.

Orders

  • The appeal is upheld.
  • Development Consent is granted to Development Application DA/2023/0755 for partial demolition of the existing dwelling, and the construction of a new two storey addition to the rear of the existing dwelling, on Lot 21 DP 1259722, known as 49 Dickson Street, Newtown, subject to conditions of consent at Annexure A.