IPM Holdings Pty Ltd v Inner West Council [2019] NSWLEC 1182

Land and Environment Court New South Wales

Medium Neutral Citation: IPM Holdings Pty Ltd v Inner West Council [2019] NSWLEC 1182 Hearing dates: 4-6 February 2019 Date of orders: 18 April 2019 Decision date: 18 April 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The orders of the Court are:

(1) The Applicant is granted leave to rely on amended plans, including amended landscape plans; (2) The Applicant is to pay the Respondent's costs that are thrown away as a result of amending the development application, as agreed or assessed under s 8.15 of the Environmental Planning and Assessment Act 1979; (3) The appeal is upheld; (4) The Applicant's development application DA D/2017/491, for demolition works and construction of a four storey shop top housing development with basement parking for 23 cars, at 731-735 Darling Street, Rozelle, is determined by the grant of consent, subject to the conditions attached hereto at Annexure 'A'; (5) The exhibits are returned, except Exhibits A, B and 1. Catchwords: DEVELOPMENT APPLICATION: shop top housing development – whether the proposed development is compatible with the desired future character of the area – whether clause 4.4A of Leichhardt LEP 2013 applies – overlooking and overshadowing impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: IPM Holdings Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Barrister: C McEwen SC (Applicant)