Cobden v Inner West Council [2024] NSWLEC 1636

Land and Environment Court New South Wales

Medium Neutral Citation: Cobden v Inner West Council [2024] NSWLEC 1636 Hearing dates: 24-25 July 2024, 2 and 19 September 2024: final submissions 20 September 2024 Date of orders: 11 October 2024 Decision date: 11 October 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant shall pay the Respondent's costs thrown away in the agreed sum of $18,500 within 28 days of this order. (2) The Applicant's written request under clause 4.6 of the Inner West Local Environmental Plan 2022 (IWLEP), prepared by BBC Consulting Planners and dated 2 September 2024 seeking a variation of the development standard for floor space ratio set out in clause 4.4 of the IWLEP, is upheld. (3) The Applicant's written request under clause 4.6 of the Inner West Local Environmental Plan 2022 (IWLEP), prepared by BBC Consulting Planners and dated 2 September 2024 seeking a variation of the development standard for landscaped areas for residential accommodation in Zone R1 set out in clause 4.3C of the IWLEP, is upheld. (4) The appeal is upheld. (5) (5) Development Application No. DA/2023/0265, as amended, for demolition of all existing structures and construction of a three-storey residential flat building containing fourteen (14) apartments, basement parking and landscaping works, on land identified at Lot 5 in DP348699, and Lot 3 in DP667195, known as 500-504 Darling Street Rozelle, NSW 2039, is determined by the grant of consent subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION: residential apartment development – residential flat building in R1 General Residential zone – conciliation conference – agreement between 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 Regulations 2021, ss 29, 38 Inner West Local Environmental Plan 2022, cll 4.3C, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3, 6.14, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, s 147, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Texts Cited: Department of Planning & Environment, Apartment Design Guide, July 2015 Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Daniel Charles Cobden (Applicant) Inner West Council (Respondent) Representation: Counsel: M Seymour SC (Applicant) M Wright SC (Respondent)