Sendlhofer v Marrickville Council [2005] NSWLEC 57

Land and Environment Court of New South Wales

CITATION : Sendlhofer v Marrickville Council [2005] NSWLEC 57

APPLICANT Hilde Sendlhofer

PARTIES : RESPONDENT Marrickville Council

FILE NUMBER(S) : 11242 of 2004

CORAM: Moore C

Development Application :- Demolitition of an existing lean-to structure KEY ISSUES: Renovation of existing bathroom and kitchen and the erection of six new studios.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 15 April, 2 May and 29 June 2005 EX TEMPORE JUDGMENT DATE : 06/29/2005

APPLICANT Mr R. Creighton, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr G. Christmas, solicitor Marrickville Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

29 June 2005

11242 of 2004 H Sendlhofer v Marrickville Council

JUDGMENT 1 Commissioner: The application, which is presently the subject of this appeal, is an application to undertake extensive renovations, rebuilding and refurbishment of premises at 11-13 Lord Street, Newtown, where boarding house style accommodation is presently offered and is to be offered within the rebuilt premises.

2 The matter was originally dealt with by Marrickville Council (the council) by refusal. Following further consideration by the council and negotiations between the parties, including dealing with a number of social impact issues, the matter came before me on 15 April to report those negotiations. As a consequence, the matter was set down on 2 May for an on-site hearing to deal with the objector to the proposal, Mr T Woon, who lives in and owns the property adjacent to and on the eastern side of the premises.