Zhu v Inner West Council (No 2) [2023] NSWLEC 1511

Zhu v Inner West Council (No 2) [2023] NSWLEC 1511

The Court was satisfied that the Development Application, BASIX certificate and final conditions of consent, all as amended, accorded with the Principal Judgment, and therefore made final orders granting leave to amend, upholding the appeal and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
08 September 2023
Procedural Posture
Class 1 Appeal Concerning Development Application DA 2022/0721 / Final Orders Following Principal Judgment
Outcome
Appeal upheld; consent granted to Development Application DA-2022/0721 as amended, subject to conditions.
Legal Topics
['development Application' 'semi Detached Dwelling Houses' 'torrens Title Subdivision' 'conditions of Consent' 'basix Certificate']
['planning and Environment' 'development Appeals'] ['development Application' 'semi Detached Dwelling Houses' 'torrens Title Subdivision' 'conditions of Consent' 'basix Certificate']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Development Application DA 2022/0721 / Final Orders Following Principal Judgment

Legal Issues

  1. 1 ['Whether leave should be granted to amend Development Application DA-2022/0721 and rely on the amended plans and documents' 'Whether consent should be granted to the amended development application for demolition, construction of two semi-detached dwellings and Torrens title subdivision subject to conditions']

Ratio Decidendi

The Court was satisfied that the Development Application, BASIX certificate and final conditions of consent, all as amended, accorded with the Principal Judgment, and therefore made final orders granting leave to amend, upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; consent granted to Development Application DA-2022/0721 as amended, subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA-2022/0721 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A.' 'The appeal is upheld.' 'Consent is granted to Development Application DA-2022/0721 (as amended) for demolition of an existing dwelling,...