Ausbay Constructions Pty Ltd v Inner West Council [2024] NSWLEC 1643

Land and Environment Court New South Wales

Medium Neutral Citation: Ausbay Constructions Pty Ltd v Inner West Council [2024] NSWLEC 1643 Hearing dates: Conciliation conference on 20 September 2024 Date of orders: 15 October 2024 Decision date: 15 October 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted for Development Application DA/2024/0293, as amended, for alterations and additions to the residential flat building, including a change of use to in-fill affordable housing, at 328-336 Liverpool Road, Ashfield, subject to the conditions at Annexure A. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs thrown away by the amendment of the development application to the agreed sum of $12,000 within 28 days of these orders. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – affordable housing – residential flat building – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.15, 8.7 Land and Environment Court Act 1979, s 34 Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Regulations 2021, s 38 Environmental Planning Policy (Resilience and Hazards) 2021 Inner West Local Environmental Plan 2022, cll 4.3, 4.4, 5.10, 5.21, 6.1, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Building and Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, ss 15C, 16, 18, 144, 147, Ch 2 Pt 2 Div 1, Ch 4, Sch 9 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 Texts Cited: Inner West Council Community Engagement Strategy 2022-2024 NSW Department of Planning and Environment, Apartment Design Guide Category: Principal judgment Parties: Ausbay Constructions Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: E Whitney (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)