GFM Investment Group Pty Ltd in its capacity as Trustee for GFM Home Trust Subtrust No. 7 v Inner West Council [2023] NSWLEC 1112

Land and Environment Court New South Wales

Medium Neutral Citation: GFM Investment Group Pty Ltd in its capacity as Trustee for GFM Home Trust Subtrust No. 7 v Inner West Council [2023] NSWLEC 1112 Hearing dates: 21, 22, 23 November 2022 Date of orders: 14 March 2023 Decision date: 14 March 2023 Jurisdiction: Class 1 Before: Walsh C Decision: Proceedings 2021/361705, see orders below at [130]. Proceedings 2021/361726, see orders below at [131]. Catchwords: DEVELOPMENT APPLICATIONS – two development applications associated with regionally significant mixed use development – site specific planning controls – early works development application for demolition, tree removal, site establishment works – main works development application for demolition, excavation, remediation, construction including adaptive reuse of existing industrial buildings and three new buildings and new open space areas – design excellence – need for balconies within proposed studios and one-bedroom apartments – visual massing of new building and whether appropriate transition to adjacent low density residential development – lay objections Legislation Cited: Contaminated Land Management Act 1997 s 3, Pt 4 Environmental Planning and Assessment Act 1979, ss 8.7, 8.15, Pt 9 Inner West Local Environmental Plan 2022 s 1.8A Land and Environment Court Act 1979 s 39 Marrickville Local Environmental Plan 2011 cll 5.21, 6.2, 6.5, 6.6, 6.20, 6.21, State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 41D, 41E, Div 6A State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.122 Cases Cited: Aloke Holdings Pty Ltd v City of Sydney [2019] NSWLEC 1177 Arxidia Pty Ltd v Randwick City Council; Arthur Wong Pty Ltd v Randwick City Council [2017] NSWLEC 1463 McDonald's Australia Limited v Coffs Harbour City Council [2023] NSWLEC 1067 New Century Developments Pty Ltd v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Texts Cited: Expert Witness Code of Conduct Marrickville Development Control Plan (2011) NSW Department of Planning and Environment, Apartment Design Guide (July 2015) NSW EPA, Noise Policy for Industry (2017) NSW EPA, NSW Site Auditor Scheme 3rd Edition (2017) Category: Principal judgment Parties: GFM Investment Group Pty Ltd in its capacity as Trustee for GFM Home Trust Subtrust no. 7 (Applicant) Inner West Council (Respondent) Representation: Counsel: N Eastman (Applicant) T To (Respondent)