Wynn Constructions Pty Limited v Inner West Council [2024] NSWLEC 1516

Land and Environment Court New South Wales

Medium Neutral Citation: Wynn Constructions Pty Limited v Inner West Council [2024] NSWLEC 1516 Hearing dates: Conciliation conference on 25 June 2024 Date of orders: 27 August 2024 Decision date: 27 August 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders: (1) Leave is granted to the Applicant to amend Development Application No. DA/2023/0614 and rely on the Further Amended Application listed at [8(1)]. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA/2023/0614 for construction of a 6-storey mixed use development containing 12 residential units, ground floor commercial/retail area above 2 levels of basement carparking, associated landscaping, and communal open space, at premises known as 172-174 Marrickville Road, Marrickville, subject to the conditions of consent in Annexure A. (4) The Applicant agrees to pay the Respondent's costs thrown away in the amount of $6,500 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, to be paid within 28 days of the date of these orders. Catchwords: APPEAL – development application – mixed use development – commercial premises with shop top housing – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 37, 38 Inner West Local Environmental Plan 2022, cll 4.3, 4.4, 4.6, 6.1, 6.2, 6.3, 6.7, 6.8, 6.9, 6.13 State Environmental Planning Policy (Housing) 2021, Ch 4, s 147 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Wynn Constructions Pty Limited (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) G Appleby (Solicitor) (Respondent)