Princeton Capstack Pty Ltd v Inner West Council [2023] NSWLEC 1532

Land and Environment Court New South Wales

Medium Neutral Citation: Princeton Capstack Pty Ltd v Inner West Council [2023] NSWLEC 1532 Hearing dates: Conciliation conference on 7 September 2023 Date of orders: 14 September 2023 Decision date: 14 September 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent DA/2021/0521 for the adaptive re-use of the existing buildings and alterations and additions to provide six multi dwelling units and associated works, including car parking, site remediation and street tree removal and replacement to be modified by changes to excavation, footprint, internal level, external openings, provision of parking, changes to finishes and materiality and amendment to the location of landscaping at 73-75 Beattie Street, Balmain NSW is modified in the terms in Annexure "A". (3) Development consent DA/2021/0521 as modified by the Court is at Annexure "B". Catchwords: MODIFICATION APPLICATION – conciliation conference – adaptive re-use of warehouse building – construction of residential flat buildings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 8.9 Inner West Local Environment Plan 2022, cl 5.10 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environment and Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Princeton Capstack Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)