Guideline Drafting & Design v Marrickville Municipal Council [1988] NSWLEC 163

Land and Environment Court of New South Wales

CITATION : Guideline Drafting & Design v Marrickville Municipal Council [1988] NSWLEC 163 APPLICANT Guideline Drafting & Design PARTIES : RESPONDENT Marrickville Municipal Council FILE NUMBER(S) : 10185 of 1987 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 English Town and Country Planning Act 1971 Willoughby Municipal Council v. Manchil Pty. Ltd (1974) ; Barmuncol Pty. Ltd. v. Maroochy Shire Council (1983); Minister for Aboriginal Affairs v. Peko-Wallsend Ltd. (1986); Miller v. Gunnedah Municipal Council (1978) ; CASES CITED: Gray v. Fairfield City Council (1987); Sydney City Council v. Hurzeler (1981); Dennis v. Parramatta City Council (1981); Hope v. Bathurst City Council (1980) ; Azzopardi v. Tasman U.E.B. industries Ltd. (1985) DATES OF HEARING: DATE OF JUDGMENT: 03/17/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

BIGNOLD J.: This is an appeal pursuant to s.56A of the Land and Environment Court Act 1979 against the decision of an Assessor dismissing an appeal under s.97 of the Environmental Planning and Assessment Act 1979 against the decision of the Respondent to refuse development consent to an application to continue to use as a refreshment room/milkbar the first floor level of a 3 storey commercial building known as No. 245 Marrickville Road, Marrickville.