Trezetto Pty Ltd v Inner West Council [2022] NSWLEC 1454

Trezetto Pty Ltd v Inner West Council [2022] NSWLEC 1454

The Court upheld the appeal and granted development consent in accordance with the agreement reached at the conciliation conference, as jurisdictional prerequisites were satisfied and the proposal complied with relevant planning instruments and requirements.

Parties
Applicant: Trezetto Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
31 August 2022
Procedural Posture
Class 1 Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Heritage Conservation, Conciliation Conference, Mixed Use Development
Planning and Environment Development Application Heritage Conservation Conciliation Conference Mixed Use Development

Case Brief

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Parties

Trezetto Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether development consent should be granted for alterations and additions to a heritage listed building, including retail tenancies and residences
  2. 2 Whether jurisdictional requirements for granting consent are satisfied
  3. 3 Compliance with planning instruments and policies

Ratio Decidendi

The Court upheld the appeal and granted development consent in accordance with the agreement reached at the conciliation conference, as jurisdictional prerequisites were satisfied and the proposal complied with relevant planning instruments and requirements.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application number DA2022/0361 is determined by the grant of consent, subject to the conditions in Annexure A.