Parker Logan Property Pty Ltd v Inner West Council [2018] NSWLEC 1339

Land and Environment Court New South Wales

Medium Neutral Citation: Parker Logan Property Pty Ltd v Inner West Council [2018] NSWLEC 1339 Hearing dates: 4-5 June 2018 Date of orders: 06 July 2018 Decision date: 06 July 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the demolition of existing structures and the construction of a part four, part five storey mixed use development at 3-7 Crystal Street, Petersham (Lot 1 DP63868) with one level of basement car parking, a ground floor commercial/retail unit, four ground floor serviced apartments and a 56 room boarding house on the floors above, subject to the conditions in Annexure A. (3) The exhibits are returned, except for exhibits 3, 4, B, D, F and J. Catchwords: APPEAL – development application – mixed used development with boarding house – part of land marked for future acquisition – breach of height and FSR standards – whether cl 4.6 inconsistent with cl 29(4) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 – calculation of FSR – whether cl 4.6 requests should be allowed – amenity of boarding rooms – compatibility – whether condition of consent requiring subdivision should be imposed Legislation Cited: Environmental Planning and Assessment Act 1979 s 4.15 Marrickville Development Control Plan 2011 Marrickville Local Environmental Plan 2011 cls 4.3, 4.4, 4.5, 5.1, 6.15 State Environmental Planning Policy (Affordable Rental Housing) 2009 cl 29 Cases Cited: 193 Liverpool Road Pty Ltd v Inner West Council [2017] NSWLEC 13 Coffs Harbour Environment Centre Inc v Minister for Planning (1994) LGERA 324 Cracknell & Lonergan Architects v Marrickville Council [2014] NSWLEC 1000 Hastings Point Progress Association Incorporated v Tweed Shire Council 168 LGERA 99, [2009] NSWCA 285 Mac Services Group v Mid-Western Regional Council [2014] NSWLEC 1072 Panarea Investments Pty Ltd v Manly Council [2015] NSWLEC 1026 Pittwater Council v Moore Development Group Pty Ltd & Anor [2004] NSWCA 278 Category: Principal judgment Parties: Parker Logan Property Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) G Farland (Respondent)