Emag Apartments Pty Ltd v Inner West Council [2019] NSWLEC 1647

Land and Environment Court New South Wales

Medium Neutral Citation: Emag Apartments Pty Ltd v Inner West Council [2019] NSWLEC 1647 Hearing dates: Conciliation conference held on 22 November 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders: (1) The applicant is granted leave to amend the development application and rely upon the following plans in the proceedings referred to at condition 4 in Annexure A. (2) The applicant is to pay the respondent's section 8.15(3) costs thrown away in these proceedings in the agreed amount of $5,500 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Development application DA201900028 seeking the demolition of existing structures and construction of a residential flat building over basement car parking is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – infill affordable rental housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Category: Principal judgment Parties: Emag Apartments Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)

Solicitors: Conomos Legal (Applicant) Inner West Council (Respondent) File Number(s): 2019/102093 Publication restriction: No