Kirton v Inner West Council [2026] NSWLEC 1249
Before: Starr AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provision of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application No. DA/2025/0568, for alterations and additions to an existing semi-detached dwelling including partial demolition of existing structures, construction of ground floor and first floor additions (the proposal) on land legally identified as Lot 1 in DP973514 and known as 51 Cavendish Street, Stanmore NSW 2048 (the site).
Catchwords
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Outcome
The orders of the Court are: (1) The Applicant is to pay the Respondent’s costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed amount of $2,000, payable within 28 days of the Respondent issuing a tax invoice for payment. (2) The appeal is upheld. (3) Development Application No. DA/2025/0568, as amended, for alterations and additions to an existing semi-detached dwelling including partial demolition of existing structures, construction of ground floor and first floor additions and associated site works, on land legally described as Lot 1 in DP973514 and known as 51 Cavendish Street, Stanmore NSW 2048, is determined by the grant of development consent subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 1.4, 4.15, 4.17, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 38 Inner West Local Environmental Plan 2022, cll 2.7, 4.3, 4.4, 5.10, 6.2, 6.3, 6.8, Sch 5 Pt 2 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 State Environmental Planning Policy (Sustainable Buildings) 2022, Ch 2, s 2.1
Read the full judgment
Authoritative text on NSW Caselaw · ~15k words
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