Equity Land Holdings Pty Ltd v Inner West Council [2019] NSWLEC 1157

Land and Environment Court New South Wales

Medium Neutral Citation: Equity Land Holdings Pty Ltd v Inner West Council [2019] NSWLEC 1157 Hearing dates: Conciliation conference on 4 April 2019 Date of orders: 03 May 2019 Decision date: 03 May 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is granted leave to amend the development application by relying on the amended documentation referred to in condition 1 of the conditions of consent at Annexure 'A.' (2) The applicant is to pay the respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $7,000 paid within 21 days of the making of these orders. (3) The applicant's written requests under clause 4.6 of the Marrickville Local Environmental Plan 2011 seeking a variation of the developments standards for height of buildings and floor space ratio under clauses 4.3 and 4.4 of the Marrickville Local Environmental Plan 2011 are upheld. (4) The appeal is upheld. (5) Development Application No. 201700587 for the demolition of all existing structures and construction of a mixed use development including basement parking and five storeys comprising two commercial tenancies and 28 apartments, at 38-48 Parramatta Road, Stanmore, is approved, subject to the conditions of consent at Annexure 'A.' Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement of the parties; mixed use development; exceedance of height of buildings and floor space ratio development standards; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Marrickville Local Environmental Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Equity Land Holdings Pty Ltd (Applicant) Inner West Council Respondent) Representation: Counsel: C McEwen SC (Applicant)