Appwam Pty Ltd v Inner West Council [2023] NSWLEC 1638

Land and Environment Court New South Wales

Medium Neutral Citation: Appwam Pty Ltd v Inner West Council [2023] NSWLEC 1638 Hearing dates: Conciliation conference 26 September 2023 Date of orders: 27 October 2023 Decision date: 27 October 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders that: (1) The appeal is upheld. (2) Demolition of existing structures and construction of a mixed-use development comprising of three levels basement parking for 29 cars (3 accessible), 12 motorcycles and 21 bicycles, a ground floor commercial/retail premises, café and a 59 room boarding house at 301-305 Liverpool Road, Ashfield (Lot 142 DP 738151, Lot 43 DP 711382 and Lot 3 DP 259081), subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed use - boarding house - conciliation conference – agreement between the parties - orders Legislation Cited: Ashfield Local Environmental Plan 2013, cll 2.3, 4.3A, 4.3B, 4.4, 6.1, 6.3 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Amendment (Housing) Regulation 2021, Sch 1 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 Inner West Local Environmental Plan 2022, cl 1.8A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, Div 3, cll 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Texts Cited: Australian Standard, AS 2021-2000, August 2000 Category: Principal judgment Parties: Appwam Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) J Hewitt (Solicitor)(Respondent)