Emag Apartments Pty Ltd v Inner West Council [2022] NSWLEC 1018

Land and Environment Court New South Wales

Medium Neutral Citation: Emag Apartments Pty Ltd v Inner West Council [2022] NSWLEC 1018 Hearing dates: Conciliation conference on 22 December 2021 Date of orders: 14 January 2022 Decision date: 14 January 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The applicant is to pay the respondents costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $10,200.00. (2) The request pursuant to clause 4.6 of the Marrickville Local Environmental Plan to vary the development standard for Floor Space Ratio contained in clause 4.4 thereof, as prepared by Weir Phillips dated 25 November 2021, is upheld. (3) The appeal is upheld. (4) Development Consent is granted to DA/2021/0263 for demolition of existing structures as well as alterations and additions to an existing hotel to create a mixed-use development comprising a pub and a boarding house, at 127-133 New Canterbury Road, Lewisham NSW 2049, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement of the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15 Environmental Planning and Assessment Regulation 2000, cll 92, 93 Land and Environment Court Act 1979 Marrickville Local Environmental Plan 2011, cll 4.3, 4.4, 4.6, 5.10, 6.2, 6.4, 6.5, 6.15 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 30, 30A State Environmental Planning Policy (Infrastructure) 2007, cll 101, 102 State Environmental Planning Policy (Housing) 2021, Sch 7 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Emag Apartments Pty Ltd (Applicant) Inner West Council Respondent) Representation: Counsel: J Koprivnjak (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)