So Nash Pty Limited v Inner West Council (No 2) [2018] NSWLEC 1391

Land and Environment Court New South Wales

Medium Neutral Citation: So Nash Pty Limited v Inner West Council (No 2) [2018] NSWLEC 1391 Hearing dates: 26 – 27 June 2018 Date of orders: 30 July 2018 Decision date: 30 July 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Consent No. D/2016/366 for the adaptive reuse of a local heritage item as a mixed use development at 236 Darling Street, Balmain is amended in accordance with the conditions of consent at Annexure A. 3. The exhibits, other than exhibit 1, are returned. Catchwords: DEVELOPMENT CONSENT: appeal against the imposition of a number of conditions on development consent for the adaptive reuse of a local heritage item, including a condition requiring the deletion of one off-street car parking space and a condition notifying the future occupants of the development that they are not eligible to participate in the Council's Resident Parking Scheme; deferred commencement conditions deleted and changes to the proposal described in those conditions incorporated in amended architectural drawings. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254 Rogers v Inner West Council [2018] NSWLEC 1305 So Nash Pty Limited v Inner West Council [2018] NSWLEC 1327 Category: Principal judgment Parties: So Nash Pty Limited (Applicant) Inner West Council (Respondent) Representation: Counsel: Mr M. Fraser barrister (Applicant)