Park Hermitage Pty Ltd v Inner West Council [2023] NSWLEC 1174

Land and Environment Court New South Wales

Medium Neutral Citation: Park Hermitage Pty Ltd v Inner West Council [2023] NSWLEC 1174 Hearing dates: Conciliation conference on 13 February, 1 March and 28 March 2023 Date of orders: 14 April 2023 Decision date: 14 April 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) Leave is granted to the applicant to amend Development Application DA/2022/0308, to rely on the amended plans and documents specified in Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs thrown away in the sum of $3,500 within 28 days of these orders being made. (3) The applicant's written request pursuant to Marrickville Local Environmental Plan (MLEP) clause 4.6 seeking a variation to the development standard for height of buildings set out in MLEP clause 4.3 is upheld. (4) The applicant's written request pursuant to MLEP clause 4.6 seeking a variation to the development standard for floor space ratio set out in MLEP clause 4.4 is upheld. (5) The appeal is upheld. (6) Development consent is granted to development application number DA/2022/0308, for demolition of an existing residential flat building (referred to as Building A) and construction of a new residential flat building at Lot 1 in Deposited Plan 1270075, also known as 23 Croydon Street, Petersham, 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 4.16, 4.17, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 64 Environmental Planning and Assessment Regulation 2021, s 38 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, s 34 Marrickville Local Environmental Plan 2011 cll 2.7, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3, 6.4, 6.5, Sch 5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development Texts Cited: Standards Australia, Australian Standard AS 2021:2015 (2015) Category: Principal judgment Parties: Park Hermitage Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) K Mortimer (Solicitor) (Respondent)