Corvas Pty Ltd v Inner West Council [2022] NSWLEC 1614

Land and Environment Court New South Wales

Medium Neutral Citation: Corvas Pty Ltd v Inner West Council [2022] NSWLEC 1614 Hearing dates: 21 October 2022 Date of orders: 8 November 2022 Decision date: 08 November 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld; (2) Development application DA/2021/0518 for the demolition of existing structures and construction of a 5 storey mixed use building containing ground floor and lower ground floor commercial tenancies, three levels of student accommodation comprising 56 self-contained studio apartments and communal facilities and a part 1 level part 2 level basement structure containing car parking and servicing and establishment of a ground level landscaped through site link to be dedicated to Council, at 1-5 Chester Street, Annandale, is determined by the grant of consent, subject to the conditions of consent 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, 7.7, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Inner West Local Environmental Plan 2022, cll 1.8A, 2.3 Land and Environment Court Act 1979, s 34 Leichhardt Local Environmental Plan 2013, Sch 1, cll 2.3, 2.5, 2.7, 5.10, 5.21, 6.1, 6.2, 6.4, 6.8, 6.22, 6.23 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 26 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.48 Texts Cited: Inner West Council Community Engagement Framework 2019 Land and Environment Court of NSW COVID-19 Pandemic Arrangements Policy (April 2021) Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Corvas Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Sonter (Solicitor)(Applicant) L Smith (Solicitor)(Respondent)