Hunter’s Hill Ventures Pty Ltd v Inner West Council [2022] NSWLEC 1605

Land and Environment Court New South Wales

Medium Neutral Citation: Hunter's Hill Ventures Pty Ltd v Inner West Council [2022] NSWLEC 1605 Hearing dates: Conciliation conference on 27 October 2022 Date of orders: 02 November 2022 Decision date: 02 November 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: 1) The Applicant's written request under clause 4.6 of the Leichhardt Local Environmental Plan 2013 (LLEP), prepared by Planning Ingenuity and dated 18 October 2022, to vary the development standard for floor space ratio required by clause 4.4 of the LLEP is upheld. 2) The appeal is upheld. 3) Development consent is granted to Development Application No. DA2021/0967, for the substantial demolition of the existing building and construction of a three (3) storey mixed-use development, comprising ground floor commercial premises, first floor entertainment facility, and second floor rooftop bar, on land legally described as Lot 1 in DP86525 and known as 308 Darling Street, Balmain NSW 2041, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7 Environment Planning and Assessment Regulation 2000 cl 55 Inner West Local Environmental Plan 2022 cl 1.8A Land and Environment Court Act 1979 s 34Leichhardt Local Environmental Plan 2013 cll 2.3, 2.7, 4.4, 4.4A, 4.6, 5.10, 6.1, 6.2, 6.4 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Hunter's Hill Ventures Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Turner (Solicitor)(Respondent)