Artazan Property Group Pty Ltd v Inner West Council [2019] NSWLEC 1555

Land and Environment Court New South Wales

Medium Neutral Citation: Artazan Property Group Pty Ltd v Inner West Council [2019] NSWLEC 1555 Hearing dates: 16-18 April 2019; 11 June 2019; 25 June 2019; 4 July 2019; 9 September 2019. Submissions 19 September 2019; 20 September 2019 Date of orders: 15 November 2019 Decision date: 15 November 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Leave is granted to amend the application to accord with the plans referenced at Annexure A. (2) Leave is granted to amend the application by way of an amending written request pursuant to cl 4.6 of Leichhardt Local Environmental Plan 2013, dated 18 April 2019, in regard to a floor space ratio contravention. (3) The cl 4.6 written request is approved. (4) The appeal is upheld. (5) Development application D/2017/631 for demolition of existing buildings, lot consolidation and construction of new three (3) storey building for hardware and building supplies business with associated signage, car parking, landscaping and remediation at 2-8 & 8A Parsons Street, Rozelle NSW 2039 is approved subject the conditions in Annexure A. (6) The exhibits are returned with the exception of 1, 2, A, and C. Catchwords: DEVELOPMENT APPLICATION – Bunnings hardware store – traffic generation – traffic impact – parking demand – residential amenity – economic effects – floor space ratio contravention – cl 4.6 written request – trading hours Legislation Cited: Environmental Planning and Assessment Act 1979 Heritage Act 1977 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 State Environmental Planning Policy No.55 – Remediation of Land State Environment Planning Policy No. 64 – Advertising and Signage Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Kentucky Fried Chicken v Gantidis (1979) 140 CLR 675 Parker Logan Property Pty Limited v Woollahra Municipal Council [2018] NSWLEC 155 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Leichardt Development Control Plan 2013 Category: Principal judgment Parties: Artazan Property Group Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Bonanno (Solicitor) (Respondent)