Nguyen Services Pty Ltd v Inner West Council [2022] NSWLEC 1442

Land and Environment Court New South Wales

Medium Neutral Citation: Nguyen Services Pty Ltd v Inner West Council [2022] NSWLEC 1442 Hearing dates: Conciliation Conference on 29 July 2022 Date of orders: 24 August 2022 Decision date: 24 August 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: 1) The written request made pursuant to cl 4.6 of the Marrickville Local Environmental Plan 2011 to justify the contravention of the height development standard in cl 4.3, as prepared by Gerard Turrisi of GAT & Associates and dated 26 July 2022 is upheld. 2) The Appeal is upheld. 3) Development Application No. DA/2019/00421 (as amended) for the demolition of existing improvements and construction of a six storey mixed use building comprising retail and commercial tenancies with serviced apartments above and basement parking at 315-321 Illawarra Road, Marrickville NSW 2204 is determined by grant of consent subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – mixed use development – Floor Space Ratio development standard – Height of building development standard — orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Interpretation Act 1987, ss 5 and 30A Land and Environment Court Act 1979, s 34 Marrickville Local Environmental Plan 2011, cll 1.2, 2.3, 4.3, 4.4, 4.6, 6.20 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cl 101 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cll 2.8, 2.119 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Nguyen Services Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: P Larkin (Applicant) D Robertson (Respondent)