TJ Slattery Investments Pty Ltd v Inner West Council [2020] NSWLEC 1518

Land and Environment Court New South Wales

Medium Neutral Citation: TJ Slattery Investments Pty Ltd v Inner West Council [2020] NSWLEC 1518 Hearing dates: 14 July 2020 Date of orders: 2 November 2020 Decision date: 02 November 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The Applicant is granted leave to amend their development application and to rely on amended plans. (2) The Applicant's written request prepared by City Plan Strategy and Development Pty Ltd dated 30 June 2020 made pursuant to clause 4.6 of the Leichhardt Local Environmental Plan 2013 to vary the Floor Space Ratio development standard at clause 4.4 of the Leichhardt Local Environmental Plan 2013 is upheld. (3) The Applicant's written request prepared by City Plan Strategy and Development Pty Ltd dated 30 June 2020 made pursuant to clause 4.6 of the Leichhardt Local Environmental Plan 2013 to vary the Landscape development standard at clause 4.3A of the Leichhardt Local Environmental Plan 2013 is upheld. (4) The appeal is upheld. (5) The Applicant's development application DA D/2018/341 for alterations and additions to an existing single storey warehouse building and change of use to residential dwelling, and associated works at 217 Marion Street, Leichhardt is determined by the grant of consent, subject to the conditions attached at Annexure "A". Catchwords: DEVELOPMENT APPEAL – adaptive reuse of warehouse to residential dwelling – variation of floor space ratio development standard – variation of landscape development standard – bulk and scale –orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55— Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 233 LGERA 170; [2018] NSWCA 245 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Michael Hess Associates Pty Ltd v Parramatta City Council (2003) 131 LGERA 390; [2003] NSWLEC 387 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 112 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Leichhardt Development Control Plan 2013 NSW EPA, 'Consultants reporting on contaminated land: Contaminated Land' 2020 Category: Principal judgment Parties: TJ Slattery Investments Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: F Berglund (Applicant) A Garsia (Respondent)