Thiyagalingam v Inner West Council [2026] NSWLEC 1393
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/2024/0843 for the construction of a new three-storey dwelling house, including new swimming pool and landscaping works (the proposal), at 94E Elliott Street Balmain NSW 2040, legally described as Lot 6 in DP301 (the site), by Inner West Council (the Council). The Development Application (DA) was lodged on 3 October 2024
Catchwords
DEVELOPMENT APPLICATION — conciliation conference — agreement reached — orders made
Outcome
The orders of the Court are: (1) The appeal is upheld. (2) Development Application No DA/2024/0843, as amended, for construction of a new three-storey dwelling house including new swimming pool and landscaping works, on land identified at Lot 6 DP 301, known as 94E Elliott Street Balmain NSW 2041, is determined by grant of consent subject to the conditions at Annexure A.
Legislation cited
Civil Procedure Act 2005 (NSW), s 26 Environmental Planning and Assessment Act 1979 (NSW), ss 1.4, 4.15, 4.16, 8.7 Land and Environment Court 1979 (NSW), ss 34, 34AA Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 38 Inner West Local Environmental Plan 2022, cll 4.3C, 4.4, 5.10, 6.1, 6.2, 6.3, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.10 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 · ~20k words
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