Australia, July 22 -- New South Wales Land and Environment Court issued text of the following judgement on June 20:

1. COMMISSIONER: These Class 1 proceedings arise as a result of the actual refusal, by Inner West Council, of development Application 2023/0990 which seeks consent for the demolition of existing structures, boundary realignment of four existing lots and the construction of four semi-detached dwellings.

2. The site, at 1-3 Enfield Street, Marrickville, is legally known as Lot 1 DP 723701, Lot 1 DP 1069294, Lot 10 DP 2040 and Lot 12 DP 2040.

3. These proceedings have been brought to the Court pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act).

4. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 21 May 2025. At this conciliation conference, the parties reached agreement as to acceptable terms of a decision in the proceedings which involved the Court upholding the appeal and granting development consent to the development application subject to conditions.

5. Following an earlier amendment to the application, as part of this agreement, pursuant to s 38 of the Environmental Planning and Assessment Regulation 2021 (EPA Regulation), the Council agreed to the applicants amending the development application to adequately respond to their contentions.

6. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if that decision is one that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under. s 4.16 of the EPA Act to grant consent to the development application. There are jurisdictional prerequisites that must be satisfied before this function can be exercised, which the parties identified and explained in a jurisdictional note, and from this I note the following points.

Jurisdictional matters

7. The development application was made with the written consent of the owners of the land.

8. The application was adequately notified in from 13 December 2023 to 18 January 2024, during which time four submissions were received. The amended application was further notified from 25 June to 9 July 2024, during which time five submissions were received. Based on the further amended application that is now the application before the Court, the parties submit, and I accept, that the development as amended adequately responds to the concerns raised in these submissions. *Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19781958b007ca42baaeedd9)

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