Murphy v Inner West Council [2023] NSWLEC 1553

Land and Environment Court New South Wales

Medium Neutral Citation: Murphy v Inner West Council [2023] NSWLEC 1553 Hearing dates: Conciliation conference on 15 September 2023 Date of orders: 25 September 2023 Decision date: 25 September 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the documents listed in Annexure A. (2) The Applicant shall pay the Respondent's costs thrown away by reason of the amendment of the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $8,500.00 within 28 days of the date of this order. (3) The request pursuant to clause 4.6 of the Marrickville Local Environmental Plan to vary clause 30(1)(h) of the State Environmental Planning Policy (Affordable Rental Housing) 2009, as prepared by GAT & Associates dated 15 September 2023, is upheld. (4) The appeal is upheld. (5) Development Consent is granted to Development Application DA/2021/0172 for demolition of part of the premises and alterations and additions to construct a 4-storey mixed use development comprising a ground floor retail tenancy with a boarding house above at 491 Marrickville Road, Dulwich Hill, subject to the conditions of consent at Annexure B. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to mixed use development in B2 Local Centre zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Marrickville Local Environmental Plan 2011, cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.15 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 30, 30A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Category: Principal judgment Parties: Julie Murphy (Applicant) Inner West Council (Respondent) Representation: Counsel: S Paterson (Solicitor) (Applicant) R Dunstan (Solicitor) (Respondent)