Rio Marina Pty Ltd v Inner West Council [2021] NSWLEC 1328

Land and Environment Court New South Wales

Medium Neutral Citation: Rio Marina Pty Ltd v Inner West Council [2021] NSWLEC 1328 Hearing dates: 23 & 24 March 2021 Date of orders: 8 June 2021 Decision date: 08 June 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant's modification application, as amended, is not approved; (2) The appeal is dismissed. (3) The exhibits are returned, except exhibits B and 1. Catchwords: MODIFICATION APPLICATION – whether design of proposed driveways is acceptable – whether driveway design retains a functional on street car parking space – whether loss of on street parking is acceptable – application of s 4.15(3A) of E&A Act Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15(3A), 4.55(2), 8.9 Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, s 34 Marrickville Local Environmental Plan 2011, cl 2.3 Roads Act 1993, ss 6(1) and 6(2) Texts Cited: Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy, 10 December 2020 Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Rio Marina Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: P Rigg (Applicant) J Walker (Respondent)

Solicitors: Peter R Rigg (Applicant) Inner West Council (Respondent) File Number(s): 2020/344387 Publication restriction: No