Solid Gold Custodians Pty Ltd ATF SGH Property Trust v Inner West Council [2024] NSWLEC 1835

Solid Gold Custodians Pty Ltd ATF SGH Property Trust v Inner West Council [2024] NSWLEC 1835

The proposed hair and beauty salon falls within the definition of 'business premises' and the evidence establishes that such salons are used for creative purposes, particularly with reference to design, diversity of styles, and creative self-expression. Clause 6.21 of the IWLEP therefore operates to lift the prohibition on commercial premises in the E4 General Industrial zone for such a use on Area 19, rendering the development permissible with consent.

Parties
Applicant: Solid Gold Custodians Pty Ltd ATF SGH Property Trust; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Development Application Appeal / Judgment on Appeal
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Clause 6.21 Inner West LEP, Permissibility of Business Premises, Creative Purposes, Zone Objectives
Planning and Environment Development Application Clause 6.21 Inner West LEP Permissibility of Business Premises Creative Purposes Zone Objectives

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Parties

Solid Gold Custodians Pty Ltd ATF SGH Property Trust

Applicant

Inner West Council

Respondent

Procedural Posture

Development Application Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a hair and beauty salon is a 'business premises used for creative purposes' under cl 6.21 of the Inner West LEP
  2. 2 Whether the proposed use is permissible in the E4 General Industrial zone
  3. 3 Whether the proposed development is consistent with zone objectives and the desired future character

Ratio Decidendi

The proposed hair and beauty salon falls within the definition of 'business premises' and the evidence establishes that such salons are used for creative purposes, particularly with reference to design, diversity of styles, and creative self-expression. Clause 6.21 of the IWLEP therefore operates to lift the prohibition on commercial premises in the E4 General Industrial zone for such a use on Area 19, rendering the development permissible with consent.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • The development application (DA/2023/0377) for the fit-out and use of the premises at 30-32 Murray Street, Marrickville for the purpose of a hair and beauty salon, including signage, is determined by the grant of consent subject to the conditions in Annexure A.