Pemell Newtown Holdings v Inner West Council [2018] NSWLEC 1254

Land and Environment Court New South Wales

Medium Neutral Citation: Pemell Newtown Holdings v Inner West Council [2018] NSWLEC 1254 Hearing dates: 26, 27 April 2018 Date of orders: 29 May 2018 Decision date: 29 May 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No DA201600658 for a boarding house at 318 Edgeware Road, Newtown is refused. (3) The applicant is to pay the respondent's costs thrown away in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (4) The exhibits are returned with the exception of Exhibit 1 and B. Catchwords: DEVELOPMENT APPLICATION: boarding house, floor space bonus, compatibility Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy – Affordable Rental Housing 2009 Marrickville Local Environmental Plan 2011 Cases Cited: Hastings Point Progress Association Inc v Tweed Shire. Council [2009] NSWCA 285 Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Marina Bay Developments Pty Ltd v Pittwater Council [2006] NSWLEC 577 Category: Principal judgment Parties: Pemell Newtown Holdings Pty Ltd (First Applicant) The Chocolate Trust (Second Applicant) Pemel Lane Holdings Pty Ltd (Third Applicant) Inner West Council (Respondent) Representation: Counsel: S Nash (Applicants)