Samcourt Pty Ltd v Inner West Council [2018] NSWLEC 1442

Land and Environment Court New South Wales

Medium Neutral Citation: Samcourt Pty Ltd v Inner West Council [2018] NSWLEC 1442 Hearing dates: 22-24 May 2018 Date of orders: 21 August 2018 Decision date: 21 August 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application (DA 201600628) for a four-storey mixed use development containing 22 business or office tenancies, 10 residential apartments and 32 basement car parking spaces at 2C Gladstone Street, Newtown, is refused. (3) The exhibits are returned, except for Exhibits A, B and D. Catchwords: APPEAL – development application – permissibility – characterisation of use – whether premises will be used for a 'creative purpose' – how to achieve requisite state of satisfaction that premises will be used for a 'creative purpose' – floor space ratio – whether development consent can be granted notwithstanding breach of the floor space ratio development standard – consistency with the objectives of the standard – whether cl 4.6 request adequate Legislation Cited: Environmental Planning and Assessment Act 1979 Marrickville Development Control Plan 2011 Marrickville Local Environmental Plan 2011 Cases Cited: PDE Investments No 8 Pty Ltd v Manly Council [2004] NSWLEC 355 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Veloshin v Randwick Council [2007] NSWLEC 428 Category: Principal judgment Parties: Samcourt Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: T To (Applicant) M Bonanno, Solicitor (Respondent)