Rebel Property Group (Finance) Pty Ltd v Inner West Council [2023] NSWLEC 1793

Land and Environment Court New South Wales

Medium Neutral Citation: Rebel Property Group (Finance) Pty Ltd v Inner West Council [2023] NSWLEC 1793 Hearing dates: Conciliation conference on 24 October and 14 November 2023 Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments made in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $7000 within 28 days of the date of this order. (2) The appeal is upheld. (3) Development Application No DA/2022/1164 for demolition of the existing structures and construction of a residential flat building comprising 47 apartments, a 2 storey basement car park and a publicly accessible open space at 37-47 Farr Street Marrickville is determined by the grant of consent subject to the conditions of consent in Annexure B. Catchwords: DEVELOPMENT APPLICATION – residential flat building – amended plans – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 EPA Regulation 2021, s 38, Sch 7 Inner West Local Environmental Plan 2022, cll 2.2, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.3, 6.8, 6.9, 6.29, 6.31, Sch 5, Pt 1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023, cl 4, Sch 2, cl 2.14 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, s 2.48 State Environmental Planning Policy No 65 — Design Quality of Residential Apartment Development Water Management Act 2000, s 90 Category: Principal judgment Parties: Rebel Property Group (Finance) Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Whealy (Solicitor)(Applicant) L Smith (Solicitor)(Respondent)