200 Marion Properties Pty Ltd v Inner West Council [2022] NSWLEC 1440

Land and Environment Court New South Wales

Medium Neutral Citation: 200 Marion Properties Pty Ltd v Inner West Council [2022] NSWLEC 1440 Hearing dates: Conciliation conference on 7 June 2022 Date of orders: 23 August 2022 Decision date: 23 August 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court Orders that: 1) The appeal is upheld. 2) Development Consent is granted to Development Application DA/2021/0110 for the demolition of all existing structures and redevelopment of the site to contain a three (3) storey mixed use development with basement and lower ground parking, retail shops and 17 apartments, landscaping and associated site works at 194-202 Marion Street, Leichhardt, subject to the conditions of consent at Annexure A. 3) The Applicant is to pay the Respondent's costs thrown away by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in a sum to be agreed or assessed. Catchwords: APPEAL – development application – mixed use development – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 50, 55, Sch 1 Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013, cl 4.4, 4.4A, 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 10 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cll 2.119, 2.120 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: 200 Marion Properties Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Solicitors: S Patterson, Wilshire Webb Staunton Beattie (Applicant) R Wilcher, Inner West Council (Respondent) File Number(s): 2022/63306 Publication restriction: No