SSTG Property Pty Ltd v Inner West Council [2022] NSWLEC 1557

Land and Environment Court New South Wales

Medium Neutral Citation: SSTG Property Pty Ltd v Inner West Council [2022] NSWLEC 1557 Hearing dates: 8-9 August 2022, final submissions 16 August 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) DA/2021/1170 for demolition of existing structures, excavation, remediation and construction of four multi dwelling houses, including in-fill affordable rental housing dwellings, with basement car parking, at 180 Darling Street Balmain (Lot 1 DP 919080) is determined having regard to the provisions at subss 4.16(4) and (5) of the Environmental Planning and Assessment Act 1979, as follows: a) The grant of consent for that part of DA/2021/1170 involving demolition of existing structures, subject to the conditions of consent set out in Annexure A (as amended on 23 May 2023). b) Subsequently, the grant of deferred commencement consent for the remainder of DA/2021/1170, subject to the conditions of consent set out in Annexure B (as amended on 23 May 2023). (3) The exhibits are returned with the exception of Exhibits A, B, and 3, which are retained. Catchwords: DEVELOPMENT APPLICATION – demolition of on-site structures – construction of multi dwelling housing – in-fill affordable housing – no contentions pressed by the Respondent – objecting lay submissions – significant excavation in proximity to boundaries – existing building prevents the undertaking of further subsurface investigations to define construction particulars – partial consent to allow demolition which in turn allows subsurface investigations – subsequent deferred commencement consent in regard to remainder of the development application Legislation Cited: Civil Procedure Act 2005 Conveyancing Act 1919, s 88 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Inner West Local Environmental Plan 2022, cl 1.8A Leichhardt Local Environmental Plan 2013, cll 4.3, 4.4, 4.4A, 5.10, 6.1, 6.2, 6.4 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 6, 13 State Environmental Planning Policy (Housing) 2021 Sch 7A, cl 2 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Cases Cited: CEAL Ltd v Minister for Planning (2007) 159 LGERA 232; [2007] NSWLEC 302 GPT RE Ltd v Belmorgan Property Development Pty Ltd (2008) 72 NSWLR 647; [2008] NSWCA 256 Palm Lake Works Pty Ltd v Ballina Shire Council [2019] NSWLEC 1479 Texts Cited: Department of Infrastructure, Planning and Natural Resources 'Seniors Living Policy: Urban Design Guidelines for Infill Development' (March 2004) Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: SSTG Property Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Seymour (Applicant) C Norton (Respondent)