NSW Caselaw
Land and Environment Court of New South Wales
CITATION : GAT & Associates v Marrickville Council [2010] NSWLEC 1321
APPLICANT GAT & Associates PARTIES : RESPONDENT Marrickville Council
FILE NUMBER(S) : 10599 of 2010
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- partial demolition of an existing building and alterations and additions to the remaining building for use as a backpacker's hostel - inconsistent with the zone objectives - prohibited by a draft local environmental plan - whether s 80A(1)(c) available to place condition of approval on land not being land to which the development application relates - unacceptable internal and external amenity impacts
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Marrickville Local Environmental Plan 2001 draft Marrickville Local Environmental Plan 2010
BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 CASES CITED: Cavasinni Constructions Pty Ltd v Fairfield City Council (2010) 173 LGERA 456 Newbury District Council and Secretary of State for the Environment [1981] AC 578 Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315
DATES OF HEARING: 19,20 October 2010
DATE OF JUDGMENT: 23 November 2010
APPLICANT Mr G Green, solicitor SOLICITORS Pikes Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr I Hemmings, barrister SOLICITORS Marrickville Council
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