Moini Pty Limited v Inner West Council - [2025] NSWLEC 1729

Land and Environment Court

New South Wales

Medium Neutral Citation: Moini Pty Limited v Inner West Council [2025] NSWLEC 1729
Hearing dates: Conciliation conference on 23 September 2025
Date of orders: 17 October 2025
Decision date: 17 October 2025
Jurisdiction: Class 1
Before: O’Neill C
Decision:
The Court orders that:
(1) The appeal is upheld.
(2) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the application, pursuant to
s 8.15(3) of the Environmental Planning and Assessment Act1979 (NSW), in the agreed amount of $5,000 within 28 days of these orders.
(3) Development Application No. 2024/0694, as amended, for partial demolition of the existing structures and construction of a new mixed-use retail and co-living housing development containing 104 co-living rooms, ground floor retail premises and a basement level, at 45-57 Parramatta Road, Annandale, is determined by the grant of consent, subject to the conditions of consent at Annexure A.

Catchwords:
DEVELOPMENT APPLICATION — mixed use retail and co-living housing development — conciliation conference — agreement between the parties — orders

Legislation Cited:
Environmental Planning and Assessment Act 1979 (NSW), s 8.7
Land and Environment Court Act 1979 (NSW), s 34
Environmental Planning and Assessment Regulation 2021 (NSW), s 38
Inner West Local Environmental Plan 2022, cll 4.4, 4.6, 5.10, 6.2, 6.9, 6.13
State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.1, 6.6
State Environmental Planning Policy (Housing) 2021, ss 67, 68, 69
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.122

Cases Cited:
Cumming v Cumberland Council (No 2) [2021] NSWLEC 117
Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90
Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118
Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827

Category: Principal judgment
Parties: Moini Pty Limited (Applicant)
Inner West Council (Respondent)
Representation:
Counsel:
A Pickles SC (Applicant)
T To (Respondent)
Solicitors:
Mills Oakley (Applicant)
Inner West Council (Respondent)

File Number(s): 2024/360872
Publication restriction: Nil

JUDGMENT

COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No. 2024/0694 for partial demolition of the existing structures and construction of a new mixed-use retail and co-living housing development containing 104 co-living rooms, ground floor retail premises and a basement level (the proposal), at 45-57 Parramatta Road, Annandale (the site), by Inner West Council (the Council).
The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties, which was held on 23 September 2025. I presided over the conciliation conference. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. Under
s 34(3) of the LEC Act, I must dispose of the proceedings…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWLEC 1729
Decision Date: 17 October 2025

CaseChat Overview and Summary

Moini Pty Limited, the applicant, appealed a decision of the Inner West Council, the respondent, regarding a development application for a mixed-use retail and co-living housing development at Annandale. The applicant sought to amend their development application, which was initially rejected by the respondent. The dispute came before the Land and Environment Court of New South Wales, which was tasked with determining the validity of the appeal and the amendment to the development application.

The primary legal issues before the court were whether the amendment to the development application was permissible under the Environmental Planning and Assessment Act 1979 (NSW) and whether the amended application met the criteria for granting consent. The court needed to consider the procedural aspects of the amendment and the merits of the amended application, including its compliance with the relevant planning instruments and the impact on the local community.

The court found that the amendment to the development application was valid, as it was made within the statutory time frame and did not alter the fundamental nature of the proposal. The court further determined that the amended application met the necessary criteria for approval, including compliance with the local environmental plan and the provision of adequate infrastructure. The court concluded that the development would not significantly harm the character of the area or adversely affect neighbouring properties. Consequently, the court upheld the appeal and granted the amended development application, subject to specific conditions to mitigate potential impacts on the environment and community.

In addition to granting the development application, the court ordered that the applicant pay the respondent’s costs incurred due to the amendment of the application. This payment was to be made within 28 days of the court’s orders, in the agreed amount of $5,000. The court’s decision also detailed the conditions of consent for the approved development, which are outlined in Annexure A.

Orders

Orders of the court

The Court orders that:

(1) The appeal is upheld.

(2) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the application, pursuant to

s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in the agreed amount of $5,000 within 28 days of these orders.

(3) Development Application No. 2024/0694, as amended, for partial demolition of the existing structures and construction of a new mixed-use retail and co-living housing development containing 104 co-living rooms, ground floor retail premises and a basement level, at 45-57 Parramatta Road, Annandale, is determined by the grant of consent, subject to the conditions of consent at Annexure A.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Moini Pty Limited v Inner West Council [2025] NSWLEC 1729
Hearing dates:	Conciliation conference on 23 September 2025
Date of orders:	17 October 2025
Decision date:	17 October 2025
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	The Court orders that: (1) The appeal is upheld. (2) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act1979 (NSW), in the agreed amount of $5,000 within 28 days of these orders. (3) Development Application No. 2024/0694, as amended, for partial demolition of the existing structures and construction of a new mixed-use retail and co-living housing development containing 104 co-living rooms, ground floor retail premises and a basement level, at 45-57 Parramatta Road, Annandale, is determined by the grant of consent, subject to the conditions of consent at Annexure A.
Catchwords:	DEVELOPMENT APPLICATION — mixed use retail and co-living housing development — conciliation conference — agreement between the parties — orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 (NSW), s 8.7 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Inner West Local Environmental Plan 2022, cll 4.4, 4.6, 5.10, 6.2, 6.9, 6.13 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.1, 6.6 State Environmental Planning Policy (Housing) 2021, ss 67, 68, 69 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.122
Cases Cited:	Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827
Category:	Principal judgment
Parties:	Moini Pty Limited (Applicant) Inner West Council (Respondent)
Representation:	Counsel: A Pickles SC (Applicant) T To (Respondent) Solicitors: Mills Oakley (Applicant) Inner West Council (Respondent)
File Number(s):	2024/360872
Publication restriction:	Nil