Boyce v Inner West Council [2019] NSWLEC 1521

Land and Environment Court New South Wales

Medium Neutral Citation: Boyce v Inner West Council [2019] NSWLEC 1521 Hearing dates: 28 August 2019; Written submissions on 2 September 2019; 12 September 2019 Date of orders: 30 October 2019 Decision date: 30 October 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is dismissed. (2) The development application No DA201800224 for the construction of an additional level to an approved six storey boarding house at 22 Fisher Street Petersham is refused. (3) The exhibits are returned with the exception of Exhibits A and B. Catchwords: DEVELOPMENT APPLICATION – boarding house – breach of LEP height and FSR standards – whether cl 4.6 written request required in light of cl 29(4) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 – desired character – height transition to adjacent development Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Marrickville Local Environment Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: 193 Liverpool Road Pty Ltd v Inner West Council [2017] NSWLEC 13 Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Greg Boyce v Inner West Council [2017] NSWLEC 1268 Maham Group Pty Limited v Blacktown City Council [2019] NSWLEC 1168 Panarea Investments Pty Ltd v Manly Council [2015] NSWLEC 1026 Parker Logan Property Pty Ltd v Inner West Council [2018] NSWLEC 1339 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Greg Boyce (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Bonanno (Solicitor) (Respondent)