APPWAM Pty Ltd v Inner West Council [2022] NSWLEC 1728

Land and Environment Court New South Wales

Medium Neutral Citation: APPWAM Pty Ltd v Inner West Council [2022] NSWLEC 1728 Hearing dates: Conciliation conference on 2 and 20 December 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the Applicant to amend the Modification Application MOD/2021/0565 and to rely on the following amended documents: (a) Architectural Plans dated 16/12/2022, Sheets H101-H126, Rev H (b) Landscape Plans dated 12/12/2022, dwg s34.L101 & L103, Rev A (c) Plan of Management dated 19 December 2022 (2) The appeal is upheld. (3) Development Application 2020/0505 is modified in the terms set out at Annexure A. (4) Development Application 2020/0505 as modified by the Court is set out at Annexure B. Catchwords: DEVELOPMENT APPLICATION: boarding house development in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2000, cl 121B Environmental Planning and Assessment Regulation 2021 Sch 6, s 3 Inner West Local Environmental Plan 2022, cll 4.3, 4.4, 4.6, 5.10 Land Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Housing) 2021 Category: Principal judgment Parties: APPWAM Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Cole (Solicitor) (Applicant) G Christmas (Solicitor) (Respondent)