XYZ Services Pty Limited v Inner West Council [2024] NSWLEC 1765

XYZ Services Pty Limited v Inner West Council [2024] NSWLEC 1765

Clause 6.5 of the Inner West Local Environmental Plan 2022 is a development standard, not a prohibition, allowing cl 4.6 to apply. The proposed demolition and redevelopment within the Iron Cove Heritage Conservation Area do not significantly impact the area’s significance, and the replacement development is appropriate. The application satisfies the requirements of cl 4.6, including adequate environmental planning grounds and public interest. Owner’s consent is not required for the ‘slither of land’ as no works are approved there. Consent can be granted subject to conditions.

Parties
Applicant: XYZ Services Pty Limited; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
28 November 2024
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Final Hearing and Disposition
Outcome
Appeal upheld, development consent granted subject to conditions
Legal Topics
Development Application, Heritage Conservation Area, Foreshore Building Line, Development Standards, Subdivision, Interpretation of Environmental Planning Instruments
Environmental Law Planning Law Heritage Law Development Application Heritage Conservation Area Foreshore Building Line Development Standards Subdivision +1 more

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Parties

XYZ Services Pty Limited

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application / Final Hearing and Disposition

Legal Issues

  1. 1 Whether clause 6.5 of the Inner West Local Environmental Plan 2022 constitutes a 'development standard' or a prohibition
  2. 2 Effect of the proposed demolition of a building within the Iron Cove Heritage Conservation Area on the area's heritage significance
  3. 3 Acceptability of the proposed development's non-compliance with foreshore and side setback controls

Ratio Decidendi

Clause 6.5 of the Inner West Local Environmental Plan 2022 is a development standard, not a prohibition, allowing cl 4.6 to apply. The proposed demolition and redevelopment within the Iron Cove Heritage Conservation Area do not significantly impact the area’s significance, and the replacement development is appropriate. The application satisfies the requirements of cl 4.6, including adequate environmental planning grounds and public interest. Owner’s consent is not required for the ‘slither of land’ as no works are approved there. Consent can be granted subject to conditions.

Court Disposition

Appeal upheld, development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • DA/2023/0912 for demolition of the existing buildings, Torrens Title subdivision of one lot into two lots, construction of a new part two/part three storey dwelling, swimming pool, tree removal, and associated landscaping on each lot, at 1 Longview Street, Balmain NSW 2041 (Lot 51 of DP1287894), is determined by the...