Hemmes Property Pty Ltd v Inner West Council [2023] NSWLEC 1786

Land and Environment Court New South Wales

Medium Neutral Citation: Hemmes Property Pty Ltd v Inner West Council [2023] NSWLEC 1786 Hearing dates: Conciliation conference 29 August, 10, 20 November 2023 Date of orders: 21 December 2023 Decision date: 21 December 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $28,000 within 28 days. (3) Development application No DA/2022/0064 for the removal of 20 on-site car parking spaces and use of outdoor area as a beer garden with associated works, operating 10.00am - 12.30am Monday to Wednesday; 10.00am - 2.30am, Thursday to Saturday; and 11.00 am - 10.00pm, Sunday at 2 Addison Road, Marrickville 2204 (Lot 1 DP 774868) is approved, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – removal of onsite parking – outdoor beer garden use of existing outdoor area – requirement for additional acoustic treatment – conciliation conference – amended plans and material – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979 ss, 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 49, 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 Marrickville Local Environmental Plan 2011, cl 4.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Hemmes Property Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Morton (Solicitor) (Respondent)