Lizard Apple Pty Ltd v Inner West Council [2019] NSWLEC 1146

Land and Environment Court New South Wales

Medium Neutral Citation: Lizard Apple Pty Ltd v Inner West Council [2019] NSWLEC 1146 Hearing dates: 12 – 13 March 2019 Date of orders: 05 April 2019 Decision date: 05 April 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) Leave is granted to rely on the amended plans listed in Annexure A. (2) The appeal is upheld. (3) Development Application 10.2017.259.1 for demolition of existing structures and construction of three storey boarding house comprising 36 boarding rooms, one communal room and one manager's room, and associated works including basement parking, at 75 Milton Street, Ashfield, is approved subject to the conditions of consent at Annexure A. (4) The exhibits, other than Exhibits 1, 2, 4, B and J, are returned. Catchwords: DEVELOPMENT APPLICATION: boarding house in R2 zone – weight to amending environmental planning instrument – character compatibility – overshadowing – reasonableness of restrictive covenant re-enforcing affordable housing ambitions Legislation Cited: Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Wingecarribee Local Environmental Plan 2010 Cases Cited: Alamdo Holdings Pty Limited v The Hills Shire Council [2012] NSWLEC 1302 Architects Haywood and Bakker Pty Ltd v North Sydney Council [2000] NSWLEC 138 Challenger Listed Investments Limited v Valuer General (No 2) Fortunate Investments Pty Limited v North Sydney Council [2001] NSWLEC 70 MacDonald v Mosman Municipal Council [1999] NSWLEC 215 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 1127 Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Steel v Liverpool City Council [2019] NSWLEC 1049 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council [2003] NSWCA 289 Valuer-General v Fivex Pty Ltd [2015] NSWCA 53 Wang v Canterbury City Council [2013] NSWLEC 1098 Wingecarribee Shire Council v De Angelis [2016] NSWCA 189 Texts Cited: Inner West Comprehensive Development Control Plan 2016 UNSW City Futures Research Centre, State Environmental Planning Policy (Affordable Rental Housing) 2009 and affordable housing in Central and Southern Sydney (June 2018) Category: Principal judgment Parties: Lizard Apple Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Pickles SC (Applicant)