Environa Studio Pty Ltd v Inner West Council [2020] NSWLEC 1147

Land and Environment Court New South Wales

Medium Neutral Citation: Environa Studio Pty Ltd v Inner West Council [2020] NSWLEC 1147 Hearing dates: Conciliation conference on 20 March 2020 Date of orders: 27 March 2020 Decision date: 27 March 2020 Jurisdiction: Class 1 Before: Bish 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) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application in the amount of $5,500 payable within 28 days of this agreement. (3) The applicant's written requests under clause 4.6 of the Marrickville Local Environmental Plan 2011 seeking a variation of the development standards for height and floor space ratio under clauses 4.3 and 4.4 of the Marrickville Local Environmental Plan 2011 are upheld. (4) The appeal is upheld. (5) Development consent is granted to development application DA201800055 for demolition of existing building, construction of a part 4 part 5 storey mixed use development comprising of carparking, 33 boarding house rooms, managers room, retail / commercial space and internal and external communal open spaces at 112-116 Parramatta Road, Stanmore is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding house – retail and commercial space – amenity – character – FSR and height standard non-compliance – cl 4.6 variation request - 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 (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Environa Studio Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Cowper (Solicitor) (Applicant) S Turner (Solicitor) (Respondent)