Group HIS Pty Ltd v Inner West Council [2019] NSWLEC 1089

Land and Environment Court New South Wales

Medium Neutral Citation: Group HIS Pty Ltd v Inner West Council [2019] NSWLEC 1089 Hearing dates: 21 February 2019 Date of orders: 07 March 2019 Decision date: 07 March 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application 2017/151.1 which seeks to demolish existing structures and construct a three storey private hospital including medical suites and kiosk, in addition to two basement levels for parking on Lot 4 DP 601158, also known as 113 Dobroyd Parade, Haberfield is refused. (3) The exhibits, except for Exhibits 1, A and C are returned. Catchwords: DEVELOPMENT APPLICATION: private hospital; risk associated with flooding; loading dock; transition between zones; and bulk and scale. Legislation Cited: Ashfield Local Environment Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Croghan v Blacktown City Council [2019] NSWLEC 2 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Inner West Comprehensive Development Control Plan 2016 NSW Flood Development Manual 2005 Category: Principal judgment Parties: Group HIS Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Solicitor: G McKee, McKees Legal Solutions (Applicant) M Bonanno, Inner West Council (Respondent) File Number(s): 2018/99710 Publication restriction: No