Panorama No. 1 Pty Ltd ATF Panorama No. 1 Fixed Unit Trust v Inner West Council [2021] NSWLEC 1120

Land and Environment Court New South Wales

Medium Neutral Citation: Panorama No. 1 Pty Ltd ATF Panorama No. 1 Fixed Unit Trust v Inner West Council [2021] NSWLEC 1120 Hearing dates: Conciliation conference on 30 November 2020 Date of orders: 11 March 2021 Decision date: 11 March 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The applicant is granted leave to rely on the amended plans listed at Condition 1 of Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs thrown away in respect of the amended plans in the sum of $4000 within 28 days of the date of this order. (3) The appeal is upheld. (4) Development Application DA2020/0565 for a 23-room boarding house, comprising 21 double boarding rooms, one single boarding room, one manager's room, common room and basement carparking at 9 Victoria Street, Ashfield is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Ashfield Local Environmental Plan 2013, cl 5.10 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 27, 28, 29A, 30, 30A Category: Principal judgment Parties: Panorama No. 1 Pty Ltd ATF Panorama No. 1 Fixed Unit Trust (Applicant) Inner West Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)