Harmon International Holdings Pty Ltd v Inner West Council [2021] NSWLEC 1207

Land and Environment Court New South Wales

Medium Neutral Citation: Harmon International Holdings Pty Ltd v Inner West Council [2021] NSWLEC 1207 Hearing dates: Conciliation conference on 9 March 2021 Date of orders: 7 March 2021 Decision date: 07 March 2021 Jurisdiction: Class 1 Before: Rappoport AC Decision: The Court orders that: (1) Leave is granted for the applicants to rely on the amended plans and additional information as referred to in the conditions of consent at Annexure B and listed at Annexure A. (2) The appeal is upheld. (3) Development Application D/2019/219 for the partial demolition of the existing building with retention of the existing façade, awning and side walls and construction of a new 3 storey mixed use building comprising 1 studio unit, 7 hotel rooms, ground floor retail space and lower ground parking at 361 Parramatta Road, Leichhardt is approved subject to the conditions annexed at Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between parties – orders – conditions – construction Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013, cll 4.4, 4.4A, 5.10, 6.1, 6.2, 6.3, 6.4, 6.11A, Schedule 5 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX 2004) State Environmental Planning Policy (Infrastructure) 2007, cll 101, 102 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Harmon International Holdings Pty Ltd (First Applicant) Hi Nini Pty Limited (Second Applicant) Inner West Council (Respondent) Representation: Counsel: T To (Applicants) S Allam (Solicitor) (Respondent)