Arrage v Inner West Council [2022] NSWLEC 1031

Land and Environment Court New South Wales

Medium Neutral Citation: Arrage v Inner West Council [2022] NSWLEC 1031 Hearing dates: Conciliation conference on 3 and 20 December 2021 Date of orders: 24 January 2022 Decision date: 24 January 2022 Jurisdiction: Class 1 Before: Horton C Decision: See orders at [37] Catchwords: DEVELOPMENT APPLICATION – shop top housing development – residential flat building – variation to height of building development standard – variation to floor space ratio development standard – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Land and Environment Court Act 1979, ss 34, 39 Marrickville Local Environmental Plan 2011, ss 4.3, 4.4, 4.6, 5.21, 6.1, 6.2, 6.20 State Environmental Planning Policy (Infrastructure) 2007, cll 85, 86 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Texts Cited: Department of Planning, and Environment, Apartment Design Guide, (July 2015) Category: Principal judgment Parties: Michael Arrage (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Berveling (Respondent)