Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17:

1. This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the applicant against the respondent's (then) deemed refusal of the applicant's development application (DA/2023/0651) (Development Application) for alterations and additions to an existing five storey building to provide a mixed use development comprising two retail tenancies and one restaurant tenancy located at the upper ground level, five residential apartments and basement carparking, on land identified as Strata Plan 31401, known as at 323 Darling Street, Balmain (Subject Land).

2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act).

The Development Application

3. The Development Application was lodged with the respondent on 24 August 2023.

4. On 22 March 2024, the proceedings were commenced, being within the appeal period prescribed by ss 8.10 and 8.11 of the EPA Act.

5. On 2 April 2024, the applicant was granted leave to amend its Class 1 Application by substituting and relying on amended plans and documents.

6. On 9 April 2024, the Development Application was formally refused by the Inner West Local Planning Panel.

7. The Court arranged a conciliation conference under s 34 of the LEC Act between the parties, which was held on 1 October 2024. The conciliation was unsuccessful, and the matter set down for hearing.

8. The Court attended a site view on the first day of the hearing accompanied by the parties. During the first day of the hearing, the parties reached agreement and requested that the matter be listed for another s 34 conciliation conference. The Court granted this request, and the matter was listed for a s 34 conciliation conference on 27 May 2025, following which the hearing was vacated. I presided over the conciliation conference

9. The decision agreed upon is for the grant of consent to the Development Application in an amended form, subject to conditions of consent. The agreed amendments to the Development Application include:

1) changes to the colours and finishes;

2) reconfiguration of access to the restaurant;

3) reconfiguration of the lower cafe space so that it is accessed directly from Darling Street;

4) amendments to the Darling Street frontage;

5) relocation of the lift shaft to address amenity concerns for residents on Church Street; and

6) reconfiguration and relocation of apartment balconies to address amenity concerns for residents on Church Street,

7) (collectively, the Amended Development Application).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19776117f0b2f04d5789a1fb)

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