Warehouse on Park Pty Ltd v Inner West Council [2022] NSWLEC 1485

Land and Environment Court New South Wales

Medium Neutral Citation: Warehouse on Park Pty Ltd v Inner West Council [2022] NSWLEC 1485 Hearing dates: Conciliation conference on 26 August 2022 Date of orders: 13 September 2022 Decision date: 13 September 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent DA2021/0001 for alterations and additions to an existing building and change of use to a residential flat building including 28 apartments, with parking and associated works at 17 Federation Road, Camperdown is modified in the terms provided in Annexure "A" to this judgment. (3) As a consequence of Order (2) above, Development Application No. DA2021/0001 is granted by the Court on 22 February 2020 is now in the form provided at Annexure "B" to this judgment. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, Div 4.8, ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2000, cll 115, 121B Environmental Planning and Assessment Regulation 2021, cl 107 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, s 34 Marrickville Local Environmental Plan 2011, cl 2.3 State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Scrap Realty Pty Limited v Botany Bay City Council (2008)166 LGERA 342; [2008] NSWLEC 333 Warehouse on Park Pty Ltd v Inner West Council [2022] NSWLEC 1095 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Warehouse on Park Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: Alistair Knox (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)