Antoniades Architects v Inner West Council [2021] NSWLEC 1151

Land and Environment Court New South Wales

Medium Neutral Citation: Antoniades Architects v Inner West Council [2021] NSWLEC 1151 Hearing dates: 2 December 2020 Date of orders: 7 April 2021 Decision date: 25 March 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Modification application No. DA201600305.06 to modify Development Consent No. DA201600305 originally granted by the Inner West Council on 28 November 2016 to carry out alterations and additions to the existing industrial building and convert it into a residential flat building containing 13 dwellings at 29 Station Street Newtown pursuant to section 4.55 of the Environmental Planning and Assessment Act 1979 is approved subject to the conditions of consent set out in Annexure "A". (3) As a consequence of the modification, Development Consent No. DA201600305 is subject to the consolidated, modified conditions of consent set out in Annexure "B". (4) The exhibits are returned except for A, B, J, L and 1. Catchwords: MODIFICATION APPLICATION – conversion of an existing industrial building to a residential flat building – application seeking approval for reconfiguration of the approved parking arrangement within the existing ground floor open car park to accommodate a new studio – whether the modified development is substantially the same development as the development for which consent was originally granted – concerns relating to amenity, solar access, access and car parking Legislation Cited: Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2011 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Scrap Realty Pty Ltd v Botany Bay City Council (2008) 166 LGERA 342: [2008] NSWLEC 333 Texts Cited: Apartment Design Guide Australian Standard 1428.1-2009 Design for access and mobility Australian Standard 2890.6-2009 Parking facilities: Off-street parking for people with disabilities Australian Standard 4299-1995 Adaptable housing Building Code of Australia Livable Housing Australia, Livable Housing Design Guidelines (4th ed, 2017) Marrickville Development Control Plan 2011 NDIS, Specialist Disability Accommodation Standards (2019) Category: Principal judgment Parties: Antoniades Architects (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) G Christmas (Solicitor) (Respondent)