Appwam Pty Ltd v Inner West Council [2024] NSWLEC 1026

Land and Environment Court New South Wales

Medium Neutral Citation: Appwam Pty Ltd v Inner West Council [2024] NSWLEC 1026 Hearing dates: Conciliation conference on 22 December 2023 Date of orders: 31 January 2024 Decision date: 31 January 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is directed to file the amended development application the subject of Order 5 below within seven (7) days of the date of this Order. (2) The applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $10,000.00 payable within 28 days. (3) The appeal is upheld. (4) The written request pursuant to cl 4.6 of the Ashfield Local Environmental Plan 2013 seeking a variation to the height of building standard of 9 metres under cl 4.3 of the ALEP prepared by Andrew Martin Planning dated 13 December 2023 is upheld. (5) Development consent is granted to Development Application 2021/1367 for demolition of existing structures and construction of a residential flat building with 35 residential apartments including affordable housing at 55-63 Smith Street, Summer Hill legally defined as Lot 1 in DP 905473, Lot 1 in DP 796910 and Lot 13 in DP 560, subject to the conditions in Annexure B. Catchwords: DEVELOPMENT APPLICATION – residential flat building – affordable housing – conciliation conference – agreement between the parties – orders Legislation Cited: Ashfield Local Environmental Plan 2013, cll 2.3, 4.3, 4.4, 4.6, 5.10, 5.21, 6.11 Inner West Local Environmental Plan 2022, cl 1.8A Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll, 55, Environmental Planning and Assessment Regulation 2021, Sch 6, Pt 1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy Amendment (Housing) 2023, Sch 7A State Environmental Planning Policy (Housing) 2021, Div1 ss 16, 17, 18, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environment Planning Policy (Transport and Infrastructure) 2021, s 2.48 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 4, 28, 30, Sch 1 Category: Principal judgment Parties: Appwam Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)