Glenn McCormack v Inner West Council

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Glenn McCormack v Inner West Council [2017] NSWLEC 1559

Hearing dates:

13 and 14 March 2017

Date of orders:

05 October 2017

Decision date:

05 October 2017

Jurisdiction:

Class 1

Before:

Chilcott C

Decision:

See orders at [155]

Catchwords:

Development Application: demolition of existing structures; construction of mixed used buildings in zone B4 zone; weight to IDAP 2013; cl 4.6 request to contravene development standard for building heights and floor space ration; transition between zones B4 and R2.

Legislation Cited:

Ashfield Local Environment Plan 2013
Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979
Roads Act 1993
State Environmental Planning Policy (Infrastructure) 2007
State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development

Cases Cited:

Adul-Rahman v Ashfield Council [2015] NSWLEC 1122
Four2Five Pty Ltd V Ashfield Council [2015] NSWLEC 1009
Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC117
Stockland Development Pty Ltd v Manly Council [2004] LECNSW 472
Wehbe v Pittwater Council [2007] NSWLEC 827; (2007) 156 LGERA 446

Texts Cited:

Apartment Design Guide, NSW Department of Planning and Environment 2015
Ashfield Development Control Plan 2016 Part 3 Ashfield West
Ashfield Interim Development Assessment Policy (IDAP) 2013 Part C4 Ashfield West

Category:

Principal judgment

Parties:

Glenn McCormack (Applicant)
Inner West Council (Respondent)

Representation:

Counsel:

 

A. Pickles SC (Applicant)
P Jackson (Respondent)

   

Solicitors:

  Conomos Legal (Applicant)
Pikes and Verekers Lawyers (Respondent)

File Number(s):

2016/174498

Publication restriction:

Nil

Judgment

Background

1. COMMISSIONER: Glenn McCormack (the Applicant) has appealed the deemed refusal by Inner West Council (the Respondent) of Development Application No. 10.2016.060, lodged with Council on 23 March 2016, for the demolition of existing buildings and the construction of two multi-storey buildings (referred to as Buildings A and B) in Croydon.

2. The proposed development is located on two lots, proposed for consolidation, and which together constitute the Subject Site. They are:

1. 1 Lion St, Croydon (formally identified as Lot 130 in DP 130140). Building A is proposed to be located on this lot, and comprises a mixed use development including retail premises and shop top housing.

2. 402 Liverpool Rd, Croydon (formally identified as Lot 1 in DP 104258). A portion of Building A extends onto this lot, along with all of Building B which consists of a three story residential flat building with basement car parking.

3. The Subject Site has an irregular shape with a principal frontage to Liverpool Road and smaller frontage to Lion Street.

4. The site is generally flat, with some minor undulations. It is bounded by:

1. to the west: Dobroyd Canal/Iron Cove Creek;

2. to the south of the 1 Lion Street portion of the site: the lot at 3 Lion Street, on which is situated a single story dwelling at;

3. to the south and west of the 402 Liverpool Road portion of the site: low density residential areas, parts of which have heritage status, including,

1. to the south: two semi-detached houses on Norton Street (nos 227-229 and…