Emag Apartments Pty Ltd v Inner West Council [2020] NSWLEC 1589

Land and Environment Court New South Wales

Medium Neutral Citation: Emag Apartments Pty Ltd v Inner West Council [2020] NSWLEC 1589 Hearing dates: Conciliation conference on 2 November 2020 Date of orders: 27 November 2020 Decision date: 27 November 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings referred to at condition 1 in Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 thrown away in the proceeding in the agreed amount of $5,000. (3) The appeal is upheld. (4) Development application DA/2019/001162 seeking development consent to demolish the existing dwelling house and construct a four-storey boarding house containing 18 boarding rooms plus 1 communal room and basement car parking, at premises known as 11A Tupper Street, Enmore is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding house – amended plans – 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 (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 55—Remediation of Land Category: Principal judgment Parties: Emag Apartments Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Allam (Solicitor) (Respondent)