Anprisa Pty Ltd v Inner West Council [2023] NSWLEC 1768

Land and Environment Court New South Wales

Medium Neutral Citation: Anprisa Pty Ltd v Inner West Council [2023] NSWLEC 1768 Hearing dates: 6 and 8 June 2022, 26-28 April 2023, 3 November 2023, 7-8 November 2023 Date of orders: 19 December 2023 Decision date: 19 December 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: Proceedings 2021/228923: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No DA/2021/0437 for a Stage 1 concept plan to adaptively reuse the existing site for a residential flat building development, at 40 – 76 William Street, Leichhardt, is refused. Proceedings 2021/73128 The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No DA/2020/0501 for a Stage 2 development to adaptively reuse the existing site for a residential flat building development, at 40 – 76 William Street, Leichhardt, is refused. (3) The Exhibits, other than Exhibits A, 32 and 33, are returned. Catchwords: CONCEPT DEVELOPMENT APPLICATION AND DEVELOPMENT APPLICATION – adaptive reuse of existing industrial warehouse buildings to a residential flat building development – exceedance of the floor space ratio development standard – non-compliance with the adaptive reuse of existing buildings development standard requiring any increase in the floor space ratio to be generally contained within the envelope of the existing building – non-compliance with the landscaped areas for residential accommodation in Zone R1 development standard Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.23, 4.24, 8.7 Land and Environment Court Act 1979, ss 34, 39 Leichhardt Local Environmental Plan 2013, cll 4.3, 4.4, 4.6, 6.2, 6.4, 6.8, 6.11, 6.14, Sch 5 Inner West Local Environmental Plan 2022, cl 1.8A, Sch 5 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 4, 28 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Australia ICOMOS, The Burra Charter: Australian ICOMOS Charter for Places of Cultural Significance, October 2013 Department of Planning and Environment, Apartment Design Guide, July 2015 Leichhardt Development Control Plan 2013 Our Inner West Housing Strategy 2020 Category: Principal judgment Parties: Anprisa Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Norton (Respondent)