Construction Assignments Pty Ltd v Inner West Council [2023] NSWLEC 1281

Land and Environment Court New South Wales

Medium Neutral Citation: Construction Assignments Pty Ltd v Inner West Council [2023] NSWLEC 1281 Hearing dates: Conciliation conference on 6 February and 28 February 2023 Date of orders: 07 June 2023 Decision date: 07 June 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) Leave is granted to the Applicant to rely on the amended documentation listed in Annexure A. (2) The Applicant's written request pursuant to clause 4.6 of the Marrickville Local Environmental Plan 2011 (Marrickville LEP) seeking to justify contravention of the height of buildings standard under clause 4.3 of the Marrickville LEP has been considered and the necessary satisfaction has been formed under clause 4.6(4) of the Marrickville LEP. (3) The Applicant to pay the Respondent's costs thrown away as a result of the amendments made in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $6000 within 28 days of the date of this order. (4) The appeal is upheld. (5) Development Application No. DA/2021/1167 for demolition of the existing structures and construction of a new 4-storey commercial building comprising business and office premises including remediation of the site and associated landscaping at 11 – 17 Hutchinson Street, St Peters, is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPEAL – commercial premises – variation to height development standard – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 55 Environmental Planning and Assessment Regulation 2021, s 37 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, ss 34, 39 Marrickville Local Environmental Plan 2012, cll 4.3, 4.6, 4.4, 6.1, 6.2, 6.5, 6.6, 6.12, 6.20 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Standards Australia, AS 2021:2015 (March, 2015) Category: Principal judgment Parties: Construction Assignments Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) D Robertson (Respondent)