ONR Johnston Street Pty Ltd V Inner West Council [2024] NSWLEC 1575

Land and Environment Court New South Wales

Medium Neutral Citation: ONR Johnston Street Pty Ltd V Inner West Council [2024] NSWLEC 1575 Hearing dates: Conciliation conference on 2 August 2024 Date of orders: 19 September 2024 Decision date: 19 September 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The applicant is to pay the respondent's costs that have been thrown away as a result of the amendment of the application for development consent, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $9,000 to be paid within 28 days of the date of these Orders. (2) The Appeal is upheld. (3) Development Application No. DA/2023/0909 for alterations and additions to an existing residential care facility to facilitate change of use to co-living housing (off campus student accommodation), provision of neighbourhood shop (café) and associated works, including signage and site remediation at 252 Johnston Street Annandale is determined by the grant of development consent, subject to the conditions set out in Annexure B. Catchwords: DEVELOPMENT APPLICATION – Co-living Housing – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021 s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Housing) 2021 ss 68, 69 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 Inner West Local Environmental Plan 2022 (IWLEP 2022), cll 4.3,4.4, 5.4, 5.10, 5.21, 6.3, 6.8 Texts Cited: Inner West Council Community Engagement Framework Category: Principal judgment Parties: ONR Johnston Street Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: J Reid (Applicant) S Turner (Solicitor) (Respondent)