Ozzy States Pty Ltd v Inner West Council [2018] NSWLEC 1120

Land and Environment Court New South Wales

Medium Neutral Citation: Ozzy States Pty Ltd v Inner West Council [2018] NSWLEC 1120 Hearing dates: 20 and 21 December 2017 Date of orders: 09 March 2018 Decision date: 09 March 2018 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed. 2. Development Application D/2017/277 for alterations and additions to an approved mixed used development at 383 and 387-389 Darling Street and 2-4 North Street, Balmain is refused. 3. The exhibits are returned except Exhibits A and 1. Catchwords: DEVELOPMENT APPLICATION – new application for alterations and additions to an agreed approved but not constructed development rather than a modification application; heritage impacts; FSR non-compliance; clause 4.6 request; height, bulk and scale; heritage context; excess parking; resident objections; public interest; precedent Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 State Environmental Planning Policy 65 - Design Quality of Residential Apartment Development Cases Cited: Brown v Inner West Council [2016] NSWLEC 1371 Gordon & Valich Pty Ltd v City of Sydney Council [2007] NSWLEC 780 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Texts Cited: Leichhardt Development Control Plan 2013 Apartment Design Guide Category: Principal judgment Parties: Ozzy States Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: Ms J Reid (Applicant)