JRNN Pty Ltd v Inner West Council [2019] NSWLEC 1482

Land and Environment Court New South Wales

Medium Neutral Citation: JRNN Pty Ltd v Inner West Council [2019] NSWLEC 1482 Hearing dates: Conciliation conference on 29 July 2019; 19 August 2019; 25 September 2019; 2 October 2019 Date of orders: 11 October 2019 Decision date: 11 October 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended architectural plans and material as referred to in condition 4 of the conditions of consent contained at Annexure 'A', and the amended clause 4.6 written request at Annexure 'B'. (2) The Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the application for development consent, as agreed or assessed. (3) The Applicant's written request under clause 4.6 of the Ashfield Local Environmental Plan 2013, prepared by HDC Planning dated 8 August 2019 (contained at Annexure 'B') for contravention of the maximum height development standard imposed by clause 4.3 of the Ashfield Local Environmental Plan 2013 is upheld. (4) The appeal is upheld. (5) Development Application no DA2018/140.1 for demolition of existing structures, construction of a mixed use development comprising serviced apartments, ground floor retail, basement car parking and landscaping at 124-126 Parramatta Road, Ashfield is approved subject to conditions contained at Annexure 'A'. Catchwords: DEVELOPMENT APPEAL– conciliation conference – agreement between the parties – orders Legislation Cited: Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No.55 – Remediation of Land Texts Cited: Comprehensive Inner West DCP 2016 Category: Principal judgment Parties: JRNN Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: J Oldknow (Solicitor) (Applicant) M Cottom (Solicitor) (Respondent) Solicitors: Mills Oakley (Applicant) Pikes and Verekers (Respondent) File Number(s): 2018/367429 Publication restriction: No