APS Property Management Pty Ltd v Inner West Council [2023] NSWLEC 1696

Land and Environment Court New South Wales

Medium Neutral Citation: APS Property Management Pty Ltd v Inner West Council [2023] NSWLEC 1696 Hearing dates: Conciliation conference held 18 September, 20 and 27 October, and 6 November 2023. Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-2022/0415 and rely upon the amended plans and documents referred to at Condition 1 of Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the amount of $25,000 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application DA-2022/0415 (as amended) for the demolition of existing building and structures and construction of a warehouse building containing 6 units at 113 Dobroyd Parade, Haberfield, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – warehouse development – agreement between the parties – orders Legislation Cited: Ashfield Local Environmental Plan 2013, cll 2.3, 4.3, 4.4, 5.10, 5.21, 6.1 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Inner West Local Environmental Plan 2022 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 Category: Principal judgment Parties: APS Property Management Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: G McKee (Solicitor)(Applicant) S Kondilios (Solicitor)(Respondent)