IDC Property Management Pty Ltd v Inner West Council [2026] NSWLEC 1608
Before: Targett C · NSW Land and Environment Court
Summary
APPEAL – Development application – co-living housing – conciliation conference – agreement between the parties – orders
Catchwords
APPEAL – Development application – co-living housing – conciliation conference – agreement between the parties – orders
Outcome
The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the applicant is to pay the respondent’s costs thrown away in the agreed amount of $6,000 (excluding GST) within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development Application No DA/2025/0995, as amended, seeking consent for change of use to co-living housing containing 64 rooms, demolition of existing single storey reception building to provide landscaped communal open space fronting Marrickville Road, and alterations and additions to existing structures, including new fifth storey addition above existing four-storey building at rear fronting Barnsbury Grove on land identified as Lot 1 in Deposited Plan 176181, known as 407 Marrickville Road, Dulwich Hill, is granted consent, subject to the conditions set out in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.10, 8.11, 8.15 Land and Environment Court Act 1979 (NSW), ss 17, 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental planning Policy (Housing) 2021, Chs 3, 5, 6, Pt 3, ss 46, 47, 67, 68, 69 State Environmental Planning Policy (Resilience and Hazards) 2021 Inner West Local Environmental Plan 2022, cll 4.3, 4.4, 4.6, Sch 5, cll 5.10, 6.3, 6.9
Read the full judgment
Authoritative text on NSW Caselaw · ~23k words
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