Emag Apartments Pty Ltd v Inner West Council [2020] NSWLEC 1104

Land and Environment Court New South Wales

Medium Neutral Citation: Emag Apartments Pty Ltd v Inner West Council [2020] NSWLEC 1104 Hearing dates: Conciliation conference 29 January 2020, and 20 February 2020 Date of orders: 10 March 2020 Decision date: 10 March 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the Applicant to amend the development application and rely on the amended plans listed in Condition 4 of Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application in the amount of $9,000 payable within 28 days of this agreement. (3) The Applicant's written request under clause 4.6 of the Ashfield Local Environmental Plan 2013 seeking a variation of the development standards for height under clauses 4.3 of the Ashfield Local Environmental Plan 2013 is upheld. (4) The appeal is upheld. (5) Development consent is granted to development application DA2019/61 for tree removal and construction of an in-fill affordable residential flat building (comprising 4 storeys and 8 dwellings) services by basement car parking at 33 Gower Street, Summer Hill is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – affordable rental housing – boarding house development – residential apartment development – conciliation conference – agreement between the parties – orders Legislation Cited: Architects Act 2003 Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Emag Apartments Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)