Newey Holdings Pty Ltd v Inner West Council [2023] NSWLEC 1593

Land and Environment Court New South Wales

Medium Neutral Citation: Newey Holdings Pty Ltd v Inner West Council [2023] NSWLEC 1593 Hearing dates: Conciliation conference held on 15 August and 18 September 2023. Final agreement filed 19 September 2023 Date of orders: 10 October 2023 Decision date: 10 October 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/2022/0624 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) The appeal is upheld. (3) Consent is granted to Development Application DA/2022/0624 (as amended) for construction of a 2-3 storey commercial building with basement car parking at 41 May Street, St Peters, subject to the conditions of consent set out at Annexure A. Catchwords: DEVELOPMENT APPLICATION – commercial development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 37, 38 Land and Environment Court Act 1979, s 34 Marrickville Local Environmental Plan 2011, cll 2.3, 6.1, 6.2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Newey Holdings Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) M Pearce (Solicitor) (Respondent)