NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: KSPI Pty Ltd v Inner West Council [2024] NSWLEC 1375 Hearing dates: Conciliation conference on 28 June 2024 Date of orders: 04 July 2024 Decision date: 04 July 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: 1) The written request made pursuant to clause 4.6 of the Inner West Local Environmental Plan 2021, in relation to a variation to the floor space ratio development standard (of clause 4.4 of the Inner West Local Environmental Plan 2021), prepared by Weir Phillips Heritage and Planning and dated 15 March 2024, is upheld. 2) The appeal is upheld. 3) Development application number DA/2023/0158, as amended, for partial demolition of existing structures and alterations and additions to the mixed use building on land identified as Lot 1 in Deposited Plan 583151 and known as 599 King Street, Newtown, is determined by the grant of development consent subject to the conditions included at Annexure A. Catchwords: DEVELOPMENT APPLICATION: conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 7.11, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38
State Environmental Planning Policy (Resilience and Hazards) 2021 (SEPP Resilience and Hazards) s 4.6
State Environmental Planning Policy (Transport and Infrastructure) 2021 s 2.48, 2.119
Inner West Local Environmental Plan 2022 (IWLEP) cll 2.6, 2.7, 4.2, 4.3, 4.4, 4.6, 5.1, 5.10, 6.2, 6.3 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 L & G Management Pty Ltd v Council of the City of Sydney [2021] NSWLEC 149 Urban Apartments Pty Ltd v Penrith City Council [2023] NSWLEC 1094 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: KSPI Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: S Griffiths (Solicitor)(Applicant) C Morton (Solicitor) (Respondent)
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