Lonibin Pty Ltd v Marrickville Council [2006] NSWLEC 367

Land and Environment Court of New South Wales

CITATION : Lonibin Pty Ltd v Marrickville Council [2006] NSWLEC 367

APPLICANT Lonibin Pty Ltd PARTIES : RESPONDENT Marrickville Council

FILE NUMBER(S) : 11103 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Alterations to industrial building, land use characterization, signage, car parking and loading facilities, traffic congestion, noise.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Marrickville Local Environmental Plan 2001 Marrickville Development Control Plan No. 19 - Parking Strategy

DATES OF HEARING: 16-18/05/2006

DATE OF JUDGMENT: 06/30/2006

APPLICANT Mr G Green, solicitor SOLICITORS LEGAL REPRESENTATIVES: Pike Pike & Fenwick

RESPONDENT Mr G Christmas, principal solicitor Marrickville Council

JUDGMENT: - 12 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

30 June 2006

11103 of 2005 Lonibin Pty Ltd v Marrickville Council

JUDGMENT

Introduction 1 This appeal relates to Development Application No. 200500224 which is for alterations and additions to the existing industrial style building at 2 Albany Road, Stanmore, for and including: · the manufacture and modification of "self-assembly/flatpacks" and "smartpacks" for kitchen and laundry cupboards, wardrobes, etc., including shelving; · associated offices, including a production and design office; · a warehouse storage area; · a loading area and two customer parking spaces; · a showroom for kitchens, laundries etc and associated appliances; · a shop selling associated hardware; and · staff and customer amenities. 2 The applicant presently operates the site for these purposes as the "Builders Bargain Centre" ("the existing facility") without the necessary development consent although not all of the sought alterations have been effected. 3 The site comprises Lot 46, Section AA DP 4705 and is situated at the corner of Albany Road and Bridge Road. It is irregular in shape and has an area of about 638 sq m. The existing building covers the majority of the site with the exception of a set back to Albany Road where vehicular access into the building is available. 4 Bridge Road is mainly developed with light industrial and warehouse type land uses, although three nearby sites have been developed with residential flat buildings. Albany Road, commencing immediately to the west of the site is developed with dwelling houses.