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[2025] NSWLEC 1866
General information, not legal advice.
Land and Environment Court (NSW)
2025-12-09
Porter C
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: IDC Property Management Pty Ltd v Inner West Council (No 2) [2025] NSWLEC 1866
Hearing dates: 2-3 June 2025. Further submissions received 20 June 2025.
Date of orders: 09 December 2025
Decision date: 09 December 2025
Jurisdiction: Class 1
Before: Porter C
Decision: The Court orders:
(1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondents costs thrown away as a result of the amendment to the development application as agreed or assessed.
(2) The appeal is upheld.
(3) Development application number DA/2023/0900, as amended, for lot consolidation, site remediation, partial demolition of the former Commonwealth Bank building and construction of a three-storey co-living housing development with ground floor café at 119 Booth Street, Annandale and alterations and additions to the existing house-let-in-lodgings at 121 – 125 Booth Street, Annandale, is determined by the grant of development consent subject to the conditions at Annexure A.
(4) All exhibits are returned except 6, A, B, G and J.
Catchwords: DEVELOPMENT APPEAL – affordable housing – agreed conditions
Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 8.15
Cases Cited: IDC Property Management Pty Ltd v Inner West Council [2025] NSWLEC 1792
Principal judgment
Parties: IDC Property Management Pty Ltd (Applicant)
Inner West Council (Respondent)
Representation: Counsel:
J Reid (Applicant)
M Harker (Respondent)
Solicitors:
Thomson Geer (Applicant)
Inner West Council (Respondent)
File Number(s): 2024/319898
Publication restriction: Nil
COMMISSIONER: This Class 1 appeal relates to a development application seeking development consent for the partial demolition of the former Commonwealth Bank building and construction of a three storey co-living development with a ground floor café at 119 Booth Street, Annandale and alterations and additions to the existing house-let-in-lodgings at 121-125 Booth Street, Annandale, as well as lot consolidation and remediation across both sites.
On 11 November 2025, the reasons of my judgment were delivered for the grant of consent in IDC Property Management Pty Ltd v Inner West Council [2025] NSWLEC 1792. In that decision, I directed the parties to provide conditions of consent in accordance with my findings.
On 2 December 2025, the parties helpfully submitted agreed conditions of consent. I have considered the conditions and am satisfied that they are consistent with the findings and are within power.
The Court orders:
Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondents costs thrown away as a result of the amendment to the development application as agreed or assessed.
The appeal is upheld.
Development application number DA/2023/0900, as amended, for lot consolidation, site remediation, partial demolition of the former Commonwealth Bank building and construction of a three-storey co-living housing development with ground floor café at 119 Booth Street, Annandale and alterations and additions to the existing house-let-in-lodgings at 121 – 125 Booth Street, Annandale, is determined by the grant of development consent subject to the conditions at Annexure A.
All exhibits are returned except 6, A, B, G and J.
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IDC Property Management Pty Ltd
Inner West Council