William Assets Pty Ltd v Inner West Council [2021] NSWLEC 1201

Land and Environment Court New South Wales

Medium Neutral Citation: William Assets Pty Ltd v Inner West Council [2021] NSWLEC 1201 Hearing dates: Conciliation conference on 23 February 2021 and 11 March 2021 Date of orders: 27 April 2021 Decision date: 27 April 2021 Jurisdiction: Class 1 Before: Rappoport AC Decision: The Court orders that: (1) The Applicant is granted leave to amend Development Application No. DA/2020/0233 and rely upon the following amended plans and documents, which are referenced in Condition 1 at Annexure 'A'. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is pay the Respondent costs thrown away in respect of the amended plans in the sum of $6,000 within 28 days of the date of this order. (3) The appeal is upheld. (4) Development Application number DA/2020/0233 for erection of a three storey boarding house with basement parking and associated works on land identified as Lot 55 Sec B in Deposited Plan 1663, Lot 56 Sec B in Deposited Plan 1663, Lot 57 Sec B in Deposited Plan 1663, Cnr Lot 58 Sec B in Deposited Plan 1663, and known as 16-18 William Street, Leichhardt, is approved in accordance with the conditions included at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between parties – orders – conditions – construction Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15(3) Environmental Planning and Assessment Regulation 2000, Sch 1 cl 2A Land and Environment Court Act 1979, s 34(3) Leichhardt Local Environmental Plan 2013 State Environment Planning Policy (Building Sustainability: BASIX) 2004 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 27, 28, 29, 30, 30A State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 State Environmental Planning Policy No 55— Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cl 3 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: William Assets Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)