ZCMC Investments Pty Ltd v Inner West Council [2024] NSWLEC 1406

Land and Environment Court New South Wales

Medium Neutral Citation: ZCMC Investments Pty Ltd v Inner West Council [2024] NSWLEC 1406 Hearing dates: Conciliation conference on 13 May 2024 Date of orders: 17 July 2024 Decision date: 17 July 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The Applicant shall pay the Respondent's costs thrown away by reason of the amendment of the Development Application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $7,000 within 28 days of the date of this Order. (2) The Applicant's written request, pursuant to cl 4.6 of the Inner West Local Environmental Plan 2022 (IWLEP), seeking to vary the development standard for minimum lot size set out in cl 4.1 of the IWLEP, is upheld. (3) The Applicant's written request, pursuant to cl 4.6 of the IWLEP, seeking to vary the development standard for landscaped areas for residential accommodation in Zone R1, set out in cl 4.3C(a) of the IWLEP, is upheld. (4) The Applicant's written request, pursuant to cl 4.6 of the IWLEP, seeking to vary the development standard for site coverage, set out in cl 4.3C(b) of the IWLEP, is upheld. (5) The Applicant's written request, pursuant to cl 4.6 of the IWLEP, seeking to vary the development standard for floor space ratio set out in cl 4.4 of the IWLEP, is upheld. (6) The appeal is upheld. (7) Development Application DA/2023/0653 for alterations and additions to an existing building containing 10 apartments, and conversion to provide four attached dwellings, car parking, landscaping and Torrens title subdivision, at premises known as 20 Gladstone Street, Balmain, is determined by the grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – residential flat building – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 38 Inner West Local Environmental Plan 2022, cll 4.1, 4.3C, 4.4, 4.6, 5.10, 6.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: ZCMC Investments Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) R Dunstan (Solicitor) (Respondent)