APPWAM PTY LTD v Inner West Council [2026] NSWLEC 1642
Before: Swan AC · NSW Land and Environment Court
Summary
This appeal relates to an application to modify a development consent issued for construction of a building containing 93 boarding rooms at 55, 57-59 and 61-63 Smith Street, Summer Hill (Lot 13 in Section 1 DP 560, Lot 1 DP 796910, Lot 1 DP905473) (the site). The modification application also applies to the existing boundary wall between the site and 51-53 Smith St, Summer Hill (Lot 12 in Section 1 DP 560) (the Neighbouring Land). The modification application seeks an increase in the number of b
Catchwords
MODIFICATION APPLICATION – erection of a building for 103 boarding rooms – conciliation conference – agreement reached – orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Consent No. REV/2021/0024 (DA/2020/1022) is modified in the terms in Annexure A. (3) Development Consent No. DA/2020/1022, as modified by the Court, is Annexure B.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 100, 113 Environmental Planning and Assessment Regulation 2021 (NSW), s 27 (Repealed) Inner West Local Environmental Plan 2022, cll 4.3, 4.4 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30 State Environmental Planning Policy (Housing) 2021, Sch 7A
Read the full judgment
Authoritative text on NSW Caselaw · ~14k words
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