Belle Living Pty Ltd v Inner West Council [2022] NSWLEC 1068

Land and Environment Court New South Wales

Medium Neutral Citation: Belle Living Pty Ltd v Inner West Council [2022] NSWLEC 1068 Hearing dates: Conciliation conference on 4 February 2022 Date of orders: 10 February 2022 Decision date: 10 February 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The written request pursuant to cl 4.6 of the relevant Leichhardt Local Environmental Plan 2013 to vary the development standard in clause 4.3A, Landscaping, is upheld. (2) The written request pursuant to cl 4.6 of the relevant Leichhardt Local Environmental Plan 2013 to vary the development standard in clause 4.4, Floor Space Ratio, is upheld. (3) The appeal is upheld. (4) Consent is granted for development application no. D/2021/0521, for the adaptive re-use of the existing buildings and alterations and additions to provide six dwellings, and associated works, including car parking, site remediation and street tree removal and replacement at 73-75 Beattie Street Balmain NSW, is granted consent, subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPEAL – adaptive reuse – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013, cl 2.3, 4.3A. 4.4, 4.6, 5.10, 6.2, 6.4 and 6.11 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Belle Living Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)