Event and Time
Event Description
A conciliation conference regarding Development Application DA/2022/0850 was held due to the deemed refusal by Inner West Council for the proposed partial demolition of an existing heritage dwelling and the construction of a new two-storey dwelling in Balmain East, NSW.
Application and Claims
- Applicant: Carmelo Ginardi and Edward Nicholas Ginardi, represented by Brad Inwood Architects.
- Development Proposal:
- Partial demolition of an existing heritage-listed dwelling. - Construction of a two-storey dwelling with basement storage and tree removal.
- Claims:
- Application for development consent, despite non-compliance with certain site coverage regulations in the Inner West Local Environmental Plan 2022 (IWLEP).
Judicial Decisions
- Leave was granted to rely on the amended development application.
- The clause 4.6 written request for consent in contravention of IWLEP clause 4.3C(3) was upheld.
- The appeal was upheld, granting development consent with specific conditions.
Dispute Points and Legal Basis
Dispute Points
- Applicant Arguments:
- The proposed development meets the zoning objectives and is beneficial for the heritage item by enhancing the sandstone features. - The breach in site coverage is minimal (3.4%) and is counterbalanced by the significant landscaped area (20.8%). - Historical usage confirms the site is suitable for its intended residential purpose and shows no evidence of contamination.
- Respondent (Council) Arguments:
- Concerns regarding compliance with site coverage and landscaping standards. - The importance of preserving the character and aesthetic of the heritage conservation area.