JY Crown Pty Ltd v Inner West Council [2023] NSWLEC 1081

Land and Environment Court New South Wales

Medium Neutral Citation: JY Crown Pty Ltd v Inner West Council [2023] NSWLEC 1081 Hearing dates: 2, 3 August, 2, 3 November 2022 Date of orders: 24 February 2023 Decision date: 24 February 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA2021/0727 seeking consent for demolition of the existing buildings and construction of shop top housing (ground floor retail and five levels of residential development), the creation of a pedestrian link between Parramatta Road and Redmond Street proposed at 305-313 Parramatta Road Leichhardt (Lot 2 DP 303623 and Lot B DP 158093) is determined by the refusal of consent. (3) The exhibits are returned with the exception of Exhibits 1, A, B. Catchwords: DEVELOPMENT APPLICATION – development for the purposes of shop top housing – Parramatta Road corridor – variation to floor space ratio sought – voluntary planning agreement proposed – compatibility of the development with the desired future character – precondition to the grant of consent not satisfied – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 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 2.3, 4.4, 4.4A, 4.6, 6.11, 6.11A Cases Cited: Big Property v Randwick City Council [2021] NSWLEC 1161 Direct Factory Outlets Homebush v Strathfield Municipal Council [2006] NSWLEC 318 Hooker Corporation Pty Limited v Hornsby Shire Council (1986) 130 LGERA 438, 441 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings v Sutherland Shire Council [2003] NSWCA 289 Woollahra Municipal Council v SJD DB2 Pty Ltd [2020] NSWLEC 115 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: JY Crown Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Hemmings (Respondent)