Prilis v Inner West Council [2018] NSWLEC 1227

Land and Environment Court New South Wales

Medium Neutral Citation: Prilis v Inner West Council [2018] NSWLEC 1227 Hearing dates: 5 April 2018 Date of orders: 15 May 2018 Decision date: 15 May 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The application to modify the development consent given by the Court on 19 December 2012 in proceedings number 12/11108 by changing the internal layout and modifying the lodger and manager numbers, is granted subject to the conditions in Annexure A. (3) The development consent given by the Court on 19 December 2012 in proceedings number 12/11108 for alterations and additions and the use of premises at 2-4 Shaw Street, Petersham for the purpose of a boarding house is now subject to the consolidated conditions of consent in Annexure B. (4) Exhibits 1, 2, 3, 4 and E are returned. Catchwords: APPEAL – modification application – role of the Court in considering a modification application – modification sought change from shared facilities to self-contained boarding rooms – whether substantially the same – whether the change creates additional parking demand – whether a condition limiting occupancy numbers can be modified – relevance of change to contributions plan Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Marrickville Local Environmental Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 Prilis v Marrickville Council [2012] NSWLEC 1348 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Woollahra Municipal Council v D'Albora Marinas Pty Ltd (1992) 75 LGRA 46 Category: Principal judgment Parties: Anastasios Prilis (Applicant) Inner West Council (Respondent) Representation: Counsel: T Howard SC (Applicant) M Bonanno, Solicitor (Respondent)