Workman v Inner West Council [2022] NSWLEC 1248

Land and Environment Court New South Wales

Medium Neutral Citation: Workman v Inner West Council [2022] NSWLEC 1248 Hearing dates: Conciliation conference on 28 March 2022 and 7 April 2022. Date of orders: 16 May 2022 Decision date: 16 May 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The written request pursuant to clause 4.6 of Marrickville Local Environmental Plan 2013 to contravene the development standard for floor space ratio contained in the clause 4.4 thereof, as prepared by The Planning Hub dated 14 April 2022, is upheld. (3) Development Application No. DA/2020/0707, as amended, for the adaptive reuse of existing warehouse building as a dwelling, with basement on land legally comprising of the allotment described as Lots 66 and 67 in DP3752, known as 13-15 Northwood Street, Camperdown is granted subject to the conditions set out in Annexure "A". (4) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the Application in the agreed amount of $7,000.00 within 28 days of the date of these orders. Catchwords: APPEAL – development application – adaptive re-use of warehouse building as a dwelling – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Land and Environment Court Act 1979, s 34 Marrickville Local Environmental Plan 2011 cll 4.3, 4.4, 4.6, 6.2 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Category: Principal judgment Parties: Oliver Workman (Applicant) Inner West Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) G Christmas (Solicitor) (Respondent)