Panorama (No 1) Pty Ltd ATF Panorama (No 1) Fixed Unit Trust v Inner West Council [2020] NSWLEC 1074

Land and Environment Court New South Wales

Medium Neutral Citation: Panorama (No 1) Pty Ltd ATF Panorama (No 1) Fixed Unit Trust v Inner West Council [2020] NSWLEC 1074 Hearing dates: Conciliation conference on 6 February 2020 Date of orders: 20 February 2020 Decision date: 20 February 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended architectural plans prepared by Christopher Jordan Architecture and Design (referred to in Condition 4 of the conditions of consent contained at Annexure A). (2) The Applicant is to pay the Respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, agreed in the amount of $22,000 within 28 days by cheque. (3) The appeal is upheld. (4) Development Application DA2018/149.1 for the demolition of existing structures and construction of a new boarding house and basement parking at land known as 9 Victoria Road, Ashfield (otherwise known as Lot B in DP 928863) is approved subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – proposed boarding house – amended plans – conciliation agreement – orders made Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2004 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Panorama (No 1) Pty Ltd ATF Panorama (No 1) Fixed Unit Trust (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) G Farland (Respondent)