Shepherd Street Pty Ltd v Inner West Council [2024] NSWLEC 1200

Land and Environment Court New South Wales

Medium Neutral Citation: Shepherd Street Pty Ltd v Inner West Council [2024] NSWLEC 1200 Hearing dates: Conciliation conference held on 12 April 2024 Date of orders: 19 April 2024 Decision date: 19 April 2024 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA/2023/0991 seeking adaptation of the three existing brick warehouses and addition of two new structures for light-industrial and creative industries at Lot 4 Deposited Plan 1162801, also known as 89 Fitzroy Street, Marrickville is determined by the grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – adaptation of existing and construction of new warehouses for light industrial and creative purpose - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 8.7 Land and Environment Court Act 1979, s 34 Water Management Act 2000, s 90 Environmental Planning and Assessment Regulation 2021, ss 23 Inner West Local Environment Plan 2022, cll 2.3, 5.21, 6.1, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 3.1 Texts Cited: Inner West Community Participation Strategy 2022 Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Shepherd Street Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: J Nouseir (Solicitor) (Applicant) S Turner (Respondent)