Packet Houses Pty Ltd v Inner West Council [2026] NSWLEC 1398
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 refusal of Development Application No DA/2025/0049 for the demolition of existing structures, Torrens title subdivision of the existing lot(s) into 4 allotments, and construction of a three-storey attached dwelling with roof terrace on each lot and associated ancillary works (the proposal) at 7 Dibble Avenue Marrickville NSW 2204, legally described as Lot 9 in
Catchwords
DEVELOPMENT APPLICATION – conciliation conference – agreement reached – amended plans and documents – cl 4.6 variation – orders made
Outcome
The orders of the Court are: (1) The appeal is upheld. (2) 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 $4,000, payable within 28 days of the respondent issuing a tax invoice for payment. (3) Development Application No DA/2025/0049, for the demolition of existing structures and construction of a Multi Dwelling Housing development consisting of three two-storey dwellings with associated landscaping, drainage and ancillary works and Strata Subdivision on land legally described as Lot 9 in DP11298 and known as 7 Dibble Avenue, Marrickville NSW 2204, 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 4.15, 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 38 Inner West Local Environmental Plan 2022, cll 2.7, 4.1, 4.3, 4.3C, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.3, 6.4, 6.8, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1
Read the full judgment
Authoritative text on NSW Caselaw · ~26k words
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