Glenn McCormack v Inner West Council [2017] NSWLEC 1559

Land and Environment Court New South Wales

Medium Neutral Citation: Glenn McCormack v Inner West Council [2017] NSWLEC 1559 Hearing dates: 13 and 14 March 2017 Date of orders: 05 October 2017 Decision date: 05 October 2017 Jurisdiction: Class 1 Before: Chilcott C Decision: See orders at [155] Catchwords: Development Application: demolition of existing structures; construction of mixed used buildings in zone B4 zone; weight to IDAP 2013; cl 4.6 request to contravene development standard for building heights and floor space ration; transition between zones B4 and R2. Legislation Cited: Ashfield Local Environment Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Cases Cited: Adul-Rahman v Ashfield Council [2015] NSWLEC 1122 Four2Five Pty Ltd V Ashfield Council [2015] NSWLEC 1009 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC117 Stockland Development Pty Ltd v Manly Council [2004] LECNSW 472 Wehbe v Pittwater Council [2007] NSWLEC 827; (2007) 156 LGERA 446 Texts Cited: Apartment Design Guide, NSW Department of Planning and Environment 2015 Ashfield Development Control Plan 2016 Part 3 Ashfield West Ashfield Interim Development Assessment Policy (IDAP) 2013 Part C4 Ashfield West Category: Principal judgment Parties: Glenn McCormack (Applicant) Inner West Council (Respondent) Representation: Counsel: