Tamvakeras v Inner West Council [2022] NSWLEC 1140

Land and Environment Court New South Wales

Medium Neutral Citation: Tamvakeras v Inner West Council [2022] NSWLEC 1140 Hearing dates: 17 February 2022 Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court Orders that: 1) The appeal is upheld. 2) Consent is granted to Development Application No. DA/2021/0066 to demolish the existing structures, and construct a four (4) storey boarding house containing basement parking and landscaping subject to Annexure A at 50-52 Warren Road Marrickville being the whole of the land in Lots 25 and 26 in Deposited Plan 1733. 3) The exhibits can be returned except for Exhibits A, B, C and 1. 4) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the parties have agreed that the Applicant is to pay the Respondent's costs thrown away in respect of the amended plans in the sum of $7,500 within 28 days of the date of this judgment. The Court notes that: 1) Inner West Council consented to the Applicant amending its plans as referenced in paragraph [1] of Annexure A, and uploaded the amended plans to the NSW Planning portal on 16 February 2022. Catchwords: DEVELOPMENT APPLICATION – demolition - 4 storey boarding house – compatibility with surrounding area – FSR – vehicular crossover and basement ramp – landscaping Legislation Cited: Acts Interpretation Act 1987, ss 33, 34 Environmental Planning and Assessment Act 1979, ss 4.1, 4.15, 4.16, 4.17, 8.7, 8.10, 8.11, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 55, 113, Sch 1 Land and Environment Court Act 1979, ss 17, 34 Marrickville Local Environmental Plan 2011, cll 4.3, 4.4, 5.10, 5.21, 6.2, 6.4, 6.5, Sch 5, State Environmental Planning Policy – Affordable Rental Housing 2009, cll 3, 4, 25, 26, 27, 28, 29, 30 30a, 50, 51, 52 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018, cl 21 State Environmental Planning Policy (Housing) 2021, cll 2, 3, 8, 26, 67, 68, 69, 70, Pt 3, Sch 7 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 cll 3, 5, 7, 9,10 Cases Cited: Emag Apartments Pty Limited v Inner West Council [2022] NSWLEC 1042 Terrace Towers Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Texts Cited: Australian Standard, Acoustics—Aircraft noise intrusion— Building siting and construction, 2015 Department of Planning and Environment, Apartment Design Guide Department of Planning and Environment, Explanation of Intended Effect for a new Housing Diversity SEPP dated July 2020 Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Peter Tamvakeras (Applicant) Inner West Council (Respondent) Representation: Counsel: S Turner (Solicitor) (Applicant) G Hartley (Solicitor) (Respondent)