Formzen Pty Limited v Inner West Council [2018] NSWLEC 1645

Land and Environment Court New South Wales

Medium Neutral Citation: Formzen Pty Limited v Inner West Council [2018] NSWLEC 1645 Hearing dates: 19 November 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Class 1 Before: Smithson C Decision: (1) The appeal is upheld; (2) Development Application 10.2017.039.1 for demolition of existing buildings and construction of an infill affordable housing development at 24-24A Cecil Street, Ashfield is approved subject to the conditions set out in Annexure "A"; (3) The exhibits are returned other than Exhibits A, B, F, 1 and 6. Catchwords: DEVELOPMENT APPLICATION: affordable housing; overdevelopment; bulk and scale; built form; infill development; compatibility with the character of the local area; urban design considerations; aural and visual privacy impacts; landscaping and open space; amenity for future occupants; disputed conditions; public interest Legislation Cited: Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Apartment Design Guide Australian Standard AS4299 (Adaptable Housing) 1995 Inner West Council Comprehensive Development Control Plan 2016 Urban Tree Canopy Guide (Draft) 2018 (NSW Government Architect) Category: Principal judgment Parties: Formzen Pty Limited (Applicant) Inner West Council (Respondent) Representation: Solicitors: G McKee, McKees Legal Solutions (Applicant) S Turner, Inner West Council (Respondent) File Number(s): 2017/346911 Publication restriction: No