Warehouse on Park Pty Ltd v Inner West Council [2022] NSWLEC 1095

Land and Environment Court New South Wales

Medium Neutral Citation: Warehouse on Park Pty Ltd v Inner West Council [2022] NSWLEC 1095 Hearing dates: 12-13 October 2021, 19-20 January 2022 Date of orders: 22 February 2022 Decision date: 22 February 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) Owner's consent is granted with respect to the lodgement of the development application in regard to proposed juliet balconies encroaching onto Northwood Street and Federation Road as particularised in the plans and other conditions referenced at Annexure A. (2) The appeal is upheld. (3) Development Application No. DA/2021/0001 for alterations and additions to an existing building and change of use to a residential flat building including 28 apartments, with parking and associated works at 17 Federation Street Camperdown, is approved subject to the conditions at Annexure A. (4) The exhibits are returned except for Exhibits 1, 14, A-C, F-H, M and R. Catchwords: DEVELOPMENT APPLICATION – residential flat building – adaptive reuse – heritage conservation impacts – car stacker acceptability– accessible parking – amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.2, 4.15, 8.7 Land and Environment Court Act 1979, s 39 Marrickville Local Environmental Plan 2011, cll 5.10, 6.9 Roads Act 1993, s 149 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Texts Cited: Draft Inner West Local Environmental Plan 2020 Land and Environment Court, COVID-19 Pandemic Arrangements Policy (December 2021) Marrickville Development Control Plan 2011 NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Category: Principal judgment Parties: Warehouse on Park Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Norton (Respondent)