Warehouse on Park Pty Ltd v Inner West Council [2022] NSWLEC 1095

Warehouse on Park Pty Ltd v Inner West Council [2022] NSWLEC 1095

The development was acceptable subject to conditions because the building was suitable for adaptive reuse, the proposed alterations would not unreasonably diminish its streetscape or wider setting contribution or distort its relationship with adjoining heritage conservation areas, the proposal met relevant Apartment Design Guide objectives for internal amenity and public domain interface in the circumstances of an idiosyncratic adaptive reuse site, communal amenity was sufficiently addressed by the proposed communal room and immediate access to Camperdown Memorial Park, and the mechanical car stacker and acoustic issues could be managed by conditions. Although the undersupply of...

Jurisdiction
Australia
Judgment Date
22 February 2022
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Final Determination
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['residential Flat Building' 'adaptive Reuse' 'heritage Conservation Impacts' 'car Stacker Acceptability' 'accessible Parking' 'amenity Impacts' 'public Domain Works' "owner's Consent for Road Reservation Encroachments"]
['planning and Environment Law' 'development Consent' 'heritage Conservation'] ['residential Flat Building' 'adaptive Reuse' 'heritage Conservation Impacts' 'car Stacker Acceptability' 'accessible Parking' 'amenity Impacts' 'public Domain Works' "owner's Consent for Road Reservation Encroachments"]

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Final Determination

Legal Issues

  1. 1 ['Whether the proposed adaptive reuse of an existing industrial building as a residential flat building was acceptable having regard to cl 6.9 of the Marrickville Local Environmental Plan 2011.' 'Whether alterations to the building would cause unacceptable heritage conservation or streetscape impacts, including impacts on nearby heritage conservation areas.' 'Whether the proposal provided acceptable internal amenity, public domain interface and communal space for future residents.' 'Whether proposed mechanical car stackers and the number of accessible parking spaces were acceptable.' 'Whether proposed public domain works, including landscaping and juliet balconies encroaching onto road reservations, should be approved.' 'Whether community objections concerning parking, queuing, acoustic privacy, encroachment and overlooking warranted refusal or further conditions.']

Ratio Decidendi

The development was acceptable subject to conditions because the building was suitable for adaptive reuse, the proposed alterations would not unreasonably diminish its streetscape or wider setting contribution or distort its relationship with adjoining heritage conservation areas, the proposal met relevant Apartment Design Guide objectives for internal amenity and public domain interface in the circumstances of an idiosyncratic adaptive reuse site, communal amenity was sufficiently addressed by the proposed communal room and immediate access to Camperdown Memorial Park, and the mechanical car stacker and acoustic issues could be managed by conditions. Although the undersupply of...

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ["Owner's consent is granted with respect to the lodgement of the development application in regard to proposed juliet balconies encroaching onto Northwood Street and Federation Road as particularised in the plans and other conditions referenced at Annexure A." 'The appeal is upheld.' 'Development Application No....