Columbia Nursing Homes Pty Ltd v Inner West Council [2019] NSWLEC 1596

Land and Environment Court New South Wales

Medium Neutral Citation: Columbia Nursing Homes Pty Ltd v Inner West Council [2019] NSWLEC 1596 Hearing dates: Conciliation conference on 14 November 2019 Date of orders: 06 December 2019 Decision date: 06 December 2019 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The Applicant is granted leave to rely upon the amended plans set out in Annexure "A". The Applicant is to pay the Council's costs thrown away in the agreed sum of $5,000 pursuant to section 8.15(3) of the EP&A Act. (2) The Appeal is upheld. (3) Development Application Number 2018/00066, for demolition of an existing residential aged care facility and construction of new residential aged care facility with basement car parking and associated infrastructure and landscaping at 442-444 Marrickville Road, Marrickville, NSW is approved subject to the conditions set out in Annexure "B". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Marrickville Local Environmental Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Columbia Nursing Homes Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) M Bonnano (Solicitor) (Respondent)