Urbis Pty Ltd v Inner West Council and Transport for NSW [2016] NSWLEC 1444

Land and Environment Court New South Wales

Medium Neutral Citation: Urbis Pty Ltd v Inner West Council and Transport for NSW [2016] NSWLEC 1444 Hearing dates: 30 & 31 March, 1 & 8 April 2016 Date of orders: 28 September 2016 Decision date: 28 September 2016 Jurisdiction: Class 1 Before: Tuor C Decision: (1) The appeal is dismissed; (2) The development application (D/2015/438) for the demolition of existing buildings, remediation of the site and construction of a mixed use development including retail, commercial, club and residential uses at 138-152 and 154-156 Victoria Road, 697and 699 Darling Street, and 1, 3, 5 and 7 Waterloo Street, Rozelle, is refused; (3) The exhibits, except Exhibit 6, are returned. Catchwords: DEVELOPMENT APPLICATION: mixed use development including retail, commercial, club and residential. Compliance with objectives in site specific local environmental plan, urban design, amenity, integration and transition with existing development and street activation, economic impacts, traffic impacts, adequacy of solar access and cross ventilation, owner's consent, long term viability of club use. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy (Infrastructure) 2007 Leichhardt Local Environmental Plan 2000 Leichhardt Local Environmental Plan 2013 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA226 Conservation of North Ocean Shores Inc v Byron Shire Council (2009) 167 LGERA 52 Fabcot Pty Ltd v Hawkesbury City Council (1997) 93 LGERA 373 Friends of Malula Bay Inc v Perkins (2014) 203 LGERA 14 Jonah Pty Limited v Pittwater Council (2006) 144 LGERA 408 South East Forest Rescue Inv v Bega Valley Shire Council & Anor (2011) 211 LGERA 1 Zhang v Canterbury Council [2001] NSWCA 167 Category: Principal judgment Parties: Urbis Pty Ltd (Applicant)