Vista Sol Pty Ltd atf VS Unit Trust v Inner West Council [2020] NSWLEC 1262

Land and Environment Court New South Wales

Medium Neutral Citation: Vista Sol Pty Ltd atf VS Unit Trust v Inner West Council [2020] NSWLEC 1262 Hearing dates: Conciliation conferences on 8 April 2020, 29 April 2020 and 13 May 2020 Date of orders: 19 June 2020 Decision date: 19 June 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the applicant to amend the development application and rely on the amended plans listed in condition 4 of Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application in the amount of $11,500 payable by 30 June 2020. (3) The appeal is upheld. (4) Development consent is granted to development application D/2018/570 for partial demolition of existing building and adaptive reuse of existing building for the construction and use as a 4 storey boarding house with basement carpark at 319-325 Trafalgar Street, Petersham is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – affordable rental housing – boarding house development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Marrickville Local Environmental Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 55—Remediation of Land Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Vista Sol Pty Ltd atf VS Unit Trust (Applicant) Inner West Council (Respondent) Representation: Counsel: A Pickles SC and A Spizzo (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)