E & R Property Pty Ltd v Inner West Council [2021] NSWLEC 1255

Land and Environment Court New South Wales

Medium Neutral Citation: E & R Property Pty Ltd v Inner West Council [2021] NSWLEC 1255 Hearing dates: Conciliation conference on 31 March 2021 Date of orders: 18 May 2021 Decision date: 18 May 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on the amended architectural plans, amended landscape plans, updated Design Verification Statement, amended Noise Impact Statement, updated BASIX certificate and Section J (energy efficiency) Report referred to in Condition 1 of the consolidated conditions of consent at Annexure A. (2) The appeal is upheld. (3) Modification Application No. M/2019/53 to modify Development Consent No. D/2017/161, granted by the Court on 2 March 2018, for a mixed-use development at 1-13 Parramatta Road, Annandale, is approved, subject to the consolidated conditions of consent at Annexure A. Catchwords: MODIFICATION APPLICATION – mixed use development – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55— Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: E & R Property Pty Ltd v Inner West Council [2018] NSWLEC 1100 Texts Cited: Apartment Design Guide Australian Standard AS 2021:2015 Acoustics - Aircraft Noise Intrusion - Building Siting and Construction Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: E & R Property Pty Ltd AFT E & R Property Trust (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Turner (Solicitor) (Respondent)