Ceerose Pty Ltd v Inner West Council [2017] NSWLEC 1289

Land and Environment Court New South Wales

Medium Neutral Citation: Ceerose Pty Ltd v Inner West Council [2017] NSWLEC 1289 Hearing dates: 29 - 31 March 2017 Date of orders: 08 June 2017 Decision date: 08 June 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: 1. The variation request pursuant to cl 4.6 of the Leichhardt Local Environmental Plan 2013 is not sustained; 2. The appeal is dismissed; 3. Development application DA/2016/242 for the demolition of all existing buildings, and construction of a mixed-use housing development comprising 42 apartments above ground floor commercial/ retail spaces at 305-313 Parramatta Road Leichhardt is refused. 4. The exhibits are returned with the exception of Exhibits 1, A and H. Catchwords: DEVELOPMENT APPEAL: appeal against refusal of mixed use housing development – Parramatta Road Urban Transformation Strategy – variation to floor space ratio – impact on heritage conservation area – right of access to the site over Council land – reasonableness of impact on amenity of adjoining properties – resident objections – appropriateness of solar access for future residents. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning And Assessment Regulation 2000 State Environmental Planning Policy 65: Design Quality of Residential Apartment Development State Environmental Planning Policy: Infrastructure Land and Environment Court Act 1979 State Environmental Planning Policy 55 - Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Zhang v Canterbury City Council [2001] NSWCA 167 Trinvass Pty Ltd v Council of the City of Sydney [2015]NSWLEC 151 Ceerose Pty Ltd v Inner West Council [2017] NSWLEC 1808 Segal and Anor v Waverley Council [2005] NSWCA 310 ROI Properties Pty Ltd v Council of the City of Sydney [2011] NSWLEC 1023 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGERA 21 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 GHD Danks Pty Ltd and CR Danks Pty Ltd v Council of the City of Sydney [2015] NSWLEC1521 Landmark Group Australia Pty Ltd v Sutherland Shire Council [2016] NSWLEC 1577 Hooker Corporation Pty Limited v Hornsby Shire Council (1986) 130 LGERA 438 Texts Cited: Parramatta Road Corridor Urban Transformation Strategy Apartment Design Guide Category: Principal judgment Parties: Ceerose Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: Ms Reid (Applicant)