LKF Investments Pty Ltd v Inner West Council [2019] NSWLEC 1458

Land and Environment Court New South Wales

Medium Neutral Citation: LKF Investments Pty Ltd v Inner West Council [2019] NSWLEC 1458 Hearing dates: 6 September 2019; 11 September 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to rely on amended plans contained in Exhibit O. (2) The appeal is dismissed. (3) Development consent for Development Application D/2018/190 for the demolition of existing structures and erection of a three storey boarding house building comprising 20 rooms with basement car park and associated works is refused. (4) The Exhibits are returned, except for Exhibits A, E and O. Catchwords: DEVELOPMENT APPLICATION – State Environmental Planning Policy (Affordable Rental Housing) – boarding house – provision of car parking – car share – stormwater drainage Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 State Environmental Planning Policy (Affordable Rental Housing) Cases Cited: Pomering v Hawkesbury City Council [2018] NSWLEC 1146 Turner Architects v City of Botany Bay Council [2016] NSWLEC 1186 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: LKF Investments Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: T To (Applicant) M Bonanno (Solicitor) (Respondent)