VL3 Pty Ltd v Inner West Council [2022] NSWLEC 1349

Land and Environment Court New South Wales

Medium Neutral Citation: VL3 Pty Ltd v Inner West Council [2022] NSWLEC 1349 Hearing dates: 24 May 2022 Date of orders: 6 July 2022 Decision date: 06 July 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $12,000 within 28 days of these orders. This agreed amount includes the order for costs thrown away made on 26 April 2022. (2) The appeal is upheld. (3) Development Application DA/2021/0625, for the construction of a five storey boarding house on land at 1 Nelson Place, Petersham is granted subject to the conditions at Annexure A. (4) Exhibit 2 is returned, and the remaining exhibits are retained. Catchwords: APPEAL – development application – boarding house – compatibility with character of the area – overshadowing impacts – adequacy of car parking – contentions resolved – consent orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Marrickville Local Environmental Plan 2011, cl 6.20 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Housing) 2021, Sch 7 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cll 2.99, 2.118 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Texts Cited: Marrickville Development Control Plan 2011 Practice Note – Class 1 Development Appeals Category: Principal judgment Parties: VL3 Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)