Equity Land Holdings Pty Ltd as Trustee for Equity Land Holdings Trust v Inner West Council [2026] NSWLEC 1346
Before: Swan AC · NSW Land and Environment Court
Summary
APPEAL – development application – co-living housing – shop top housing – amenity impacts – desired character - desired future character – building separation – bulk and scale – GFA interpretation – clause 4.6 variations – overshadowing impacts – privacy impacts – design excellence – communal living
Catchwords
APPEAL – development application – co-living housing – shop top housing – amenity impacts – desired character - desired future character – building separation – bulk and scale – GFA interpretation – clause 4.6 variations – overshadowing impacts – privacy impacts – design excellence – communal living areas – public interest – orders made
Outcome
The Court orders that: (1) The Applicant's cl 4.6 variation request to contravene the height of buildings development standard in cl 4.3 of the Inner West Local Environmental Plan 2022 is upheld. (2) The Applicant's cl 4.6 variation request to contravene the floor space ratio development standard in cl 4.4 of the Inner West Local Environmental Plan 2022 is upheld. (3) The appeal is upheld. (4) Development consent is granted to Development Application (DA/2025/0229) (as amended) for integrated development under the Water Management Act 2000 (NSW), demolition of existing structures and construction of a five storey mixed use building including basement, ground floor café, retail space and business premises, 103 co-living rooms above a single level of basement parking on land known as 38-48 Parramatta Road, Stanmore (Lots 14 to 15, Section F1, DP 3526 and Lot A DP 168070), subject to conditions in Annexure A. (5) The exhibits are returned except for Exhibits A, C, D, E, J and K.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW) ss 4.15, 8.7 Water Management Act 2000 (NSW) Environmental Planning and Assessment Regulation 2021 (NSW), s 35B Inner West Local Environmental Plan 2022, cll 4.3, 4.4, 4.6, 5.21, 6.3, 6.9, 6.13, Dictionary Marrickville Local Environmental Plan 2011 (Repealed) State Environmental Planning Policy (Affordable Rental Housing) 2009 (Repealed) State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Housing) 2021, Ch 3, Pt 3, ss 67, 68, 69
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Authoritative text on NSW Caselaw · ~104k words
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