Freshhope Housing Incorporated v Inner West Council [2020] NSWLEC 1640

Land and Environment Court New South Wales

Medium Neutral Citation: Freshhope Housing Incorporated v Inner West Council [2020] NSWLEC 1640 Hearing dates: 19-20 October 2020 and 19 November 2020 Date of orders: 15 December 2020 Decision date: 15 December 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA D/2019/287 seeking consent for demolition of existing structures and construction of a new six-storey shop top housing development, which includes two (2) commercial premises at the ground floor, a 55-room boarding house, and four (4) short term accommodation dwellings, as well as associated parking and landscaping works at 389 Illawarra Road, Marrickville, subject to the conditions at Annexure A. (3) All exhibits are returned, except Exhibit B. Catchwords: DEVELOPMENT APPLICATION: State Environmental Planning Policy (Affordable Rental Housing) 2009 – boarding house development - heritage significance – cultural significance – interim heritage order – on site car parking provision 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: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Freshhope Housing Incorporated (Applicant) Inner West Council (Respondent) Representation: Counsel: I Hemmings SC (on 19-20 October) and G McKee (on 19 November) (Solicitor)(Applicant) J Johnson (Respondent)