Inner City Property Holdings Pty Ltd v Inner West Council [2020] NSWLEC 1220

Land and Environment Court New South Wales

Medium Neutral Citation: Inner City Property Holdings Pty Ltd v Inner West Council [2020] NSWLEC 1220 Hearing dates: Conciliation conference on 8 May 2020 Date of orders: 18 May 2020 Decision date: 18 May 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) Leave is granted to the applicants 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 applicants are to pay the respondent's costs thrown away as a result of the amendment of the application in the amount of $5,000 payable within 28 days of this agreement. (3) The applicants' written request under clause 4.6 of the Leichhardt Local Environmental Plan 2013 seeking a variation of the development standard for floor space ratio under clause 4.4 of the Leichhardt Local Environmental Plan 2013 is upheld. (4) The appeal is upheld. (5) Development consent is granted to development application D/2018/482 for demolition of existing building, construction of a 3 storey mixed use retail & hotel development including basement carparking at 161 Parramatta Road, Annandale subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 Category: Principal judgment Parties: Inner City Property Holdings Pty Ltd (First Applicant) SCG Developments Nominees Pty Ltd (Second Applicant) Inner West Council (Respondent) Representation: N Sandstrom (Solicitor) (Applicants) S Turner (Solicitor) (Respondent)