Emag Apartments Pty Limited v Inner West Council [2022] NSWLEC 1042

Land and Environment Court New South Wales

Medium Neutral Citation: Emag Apartments Pty Limited v Inner West Council [2022] NSWLEC 1042 Hearing dates: 15-16 December 2021 Date of orders: 1 February 2022 Decision date: 01 February 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request to vary the floor space ratio standard at cl 4.4 of the Marrickville Local Environmental Plan 2011, pursuant to cl 4.6 of the Marrickville Local Environmental Plan 2011, is upheld. (2) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development consent is granted to development application No. DA/2020/0578 for the demolition of existing structures and construction of a mixed-use development comprising a boarding house, and ground floor commercial tenancy, with basement parking, at 2-18 Station Street, Marrickville, subject to conditions of consent at Annexure 'A'. (5) All exhibits are returned except for Exhibits B, 4 and 5. Catchwords: DEVELOPMENT APPLICATION – boarding house development – application of State Environmental Planning Policy (Housing) 2021 - whether contravention of the FSR development standard is justified – character of the local area Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 39 Marrickville Local Environmental Plan 2011, cll 4.4, 4.6, 5.10, 6.2, 6.15, 6.20, Sch 5 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Housing) 2021, cll 2, 8, 68, 69, Sch 7 State Environmental Planning Policy (Infrastructure) 2007, cll 85, 87 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Cases Cited: HPG Mosman Projects Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1243 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Gregory v Central Coast Council [2017] NSWLEC 1400 Texts Cited: Department of Planning, and Environment, Apartment Design Guide, July 2015 Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Emag Apartments Pty Limited (Applicant) Inner West Council (Respondent) Representation: Counsel: R Lancaster SC (Applicant) C Norton (Respondent)