C-Corp Nominees Pty Ltd v Inner West Council [2023] NSWLEC 1746

Land and Environment Court New South Wales

Medium Neutral Citation: C-Corp Nominees Pty Ltd v Inner West Council [2023] NSWLEC 1746 Hearing dates: 4-5 October and 29 November 2023 Date of orders: 07 December 2023 Decision date: 07 December 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the application to rely on amended plans and documents admitted into evidence as Exhibits A, B and C. (2) The Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of the application as Exhibits B and C, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is dismissed. (4) Development Application No 2022/815 for the demolition of existing structures and construction of a residential flat building, at 5 Bruce Street, Ashfield, is refused. (5) The exhibits, other than Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of a residential flat building – existing use – impact on the heritage significance of the heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979, Div 4.11, ss 4.15, 4.65, 8.7 Land and Environment Court Act 1979, s 34 Inner West Local Environmental Plan 2022, cll 4.4, 4.6, 5.10 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Limited (2009) 172 LGERA 338; [2009] NSWCA 226 Texts Cited: Comprehensive Inner West Development Control Plan 2016 Category: Principal judgment Parties: C-Corp Nominees Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Pickles SC with C Koikas (Applicant) J Reid (Respondent)