KY Management Pty Ltd v Inner West Council [2024] NSWLEC 1431

Land and Environment Court New South Wales

Medium Neutral Citation: KY Management Pty Ltd v Inner West Council [2024] NSWLEC 1431 Hearing dates: Conciliation Conference 11 March 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The applicant's written request under cl 4.6 of the Inner West Local Environmental Plan 2022 (LEP) prepared by Planning Lab, seeking a variation of the development standard for building height set out in cl 4.3 of the LEP is upheld. (2) The appeal is upheld. (3) Development Application DA/2023/0440, as amended, for alterations and additions to an existing three-storey commercial building, to a six-storey mixed use building (shop top housing) containing retail space at the ground floor, residential accommodation at the upper levels, basement parking and landscaping of the courtyard and roof terrace at 310-312 Marrickville Road Marrickville NSW 2204, is determined by the grant of development consent, subject to the conditions set out in Annexure A. (4) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $8,000 payable within 28 days. Catchwords: APPEAL – Development application –alterations and additions – conciliation conference – agreement between the parties - orders Legislation Cited: Airports Act 1996, Pt 12, Div 4 Environmental Planning and Assessment Act 1979, ss 8.7, 8.10, 8.11, 8.15 Land and Environment Court Act 1979, ss 17, 34 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Housing) 2021, s 147, Sch 7A s 8, Sch 9 , Ch 4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, ss 4.1, 4.2 Inner West Local Environmental Plan 2022, cll 4.3, 4.4, 4.6, 6.1, 6.3 6.7, 6.8, 6.9, 6.13 Category: Principal judgment Parties: KY Management Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)