Petersham High Pty Ltd v Inner West Council [2024] NSWLEC 1749

Petersham High Pty Ltd v Inner West Council [2024] NSWLEC 1749

The Court was satisfied, upon written requests under cl 4.6 of the IWLEP, that non-compliance with landscaping and room number standards was justified due to adaptive reuse, public interest and consistency with the policy objectives. The proposal did not cause unacceptable adverse impacts, retained the significant form and features of the building, and fulfilled relevant planning instrument requirements. The appeal was upheld and development application granted consent, subject to conditions.

Parties
Applicant: Petersham High Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
22 November 2024
Procedural Posture
Appeal Class 1 / Final Judgment After Hearing
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Co Living Housing, Heritage, Landscaping, Floor Space Ratio, Number of Rooms, State Environmental Planning Policy (housing) 2021, Inner West Local Environmental Plan 2022
Environmental Law Planning Law Administrative Law Development Application Co Living Housing Heritage Landscaping Floor Space Ratio +3 more

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Parties

Petersham High Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal Class 1 / Final Judgment After Hearing

Legal Issues

  1. 1 Whether co-living housing is a permissible use in the R2 Low Density Residential zone
  2. 2 Whether landscaping and amenity requirements are met
  3. 3 Whether proposal retains form, significant fabric and features of the existing building

Ratio Decidendi

The Court was satisfied, upon written requests under cl 4.6 of the IWLEP, that non-compliance with landscaping and room number standards was justified due to adaptive reuse, public interest and consistency with the policy objectives. The proposal did not cause unacceptable adverse impacts, retained the significant form and features of the building, and fulfilled relevant planning instrument requirements. The appeal was upheld and development application granted consent, subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development application DA/2023/0811 for partial demolition of the existing structures and alterations and additions to the former Salvation Army Citadel and adjoining two-storey building and adaptive reuse as a co-living housing development incorporating 18 rooms, communal areas and parking for 4 cars, 3...