C-Corp Nominees Pty Ltd v Inner West Council [2022] NSWLEC 1064

Land and Environment Court New South Wales

Medium Neutral Citation: C-Corp Nominees Pty Ltd v Inner West Council [2022] NSWLEC 1064 Hearing dates: 13 and 14 December 2021 Date of orders: 14 February 2022 Decision date: 14 February 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Appeal is dismissed (2) Development Application DA/2020/0691 for the demolition of existing structures and construction of a four storey residential flat building at 5 Bruce Street Ashfield is determined by way of refusal, (3) Exhibits are returned with the exception of Exhibit 1, A, B and C. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of a residential flat building over basement carparking – whether the requested variation to the maximum height standard should be upheld – whether the requested variation to the maximum floor space ratio standard should be upheld – whether the demolition and design of the proposed development have a detrimental impact on the heritage conservation area – appeal dismissed. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16 and 8.7 Ashfield Local Environmental Plan 2013 cll 2.3, 4.3,4.4 and 4.6 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 HP Subsidiary Pty Ltd v Parramatta City Council [2020] NSWLEC 135 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Landa-Wrublewski v Waverley Council [2019] NSWLEC 1546 Made Property Group Pty Limited v North Sydney Council [2020] NSWLEC 1332 Melocco v Hunters Hill Council [2019] NSWLEC 1510 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Randwick City Council v Micaul Holdings Pty Ltd (2016) 225 LGERA 94; [2016] NSWLEC 7 Saffioti v Kiama Municipal Council [2019] NSWLEC 57 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Comprehensive Inner West Development Control Plan 2016, Part C13 Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: C-Corp Nominees Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Galasso, SC (Applicant) J Reid (Respondent)