The Rebecca L Cooper Medical Research Foundation Ltd v Marrickville Council [2011] NSWLEC 1307

Land and Environment Court New South Wales

Medium Neutral Citation: The Rebecca L Cooper Medical Research Foundation Ltd v Marrickville Council [2011] NSWLEC 1307 Hearing dates: 2 September 2011 Decision date: 02 September 2011 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Consent Orders Legislation Cited: Environmental Planning and Assessment Act 1979; Standard Instrument (Local Environmental Plans) Order 2006; Standard Instrument-Principal Local Environmental Plan; Marrickville Local Environmental Plan 2001 Texts Cited: Marrickville Development Control Plan No. 35 Category: Principal judgment Parties: The Rebecca L Cooper Medical Research Foundation Ltd (Applicant)

Marrickville Council (Respondent) Representation: Solicitors Mr P O'Brien Harris & Company (Applicant)

Mr J Strati, Marrickville Council (Respondent) File Number(s): 10468 of 2011

Judgment This determination was given extemporaneously and has been edited prior to publication. 1This is an appeal under s 96(6) of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Marrickville Council (the council) of Development Application No 201000300 (the application) which proposed the installation of dormer windows to the front roof slopes of Nos 48-56 Brighton Street, Petersham (the site). 2The issues between the parties have been resolved as the applicant has been granted leave by this Court to rely on amended plans and those plans have been considered and deemed acceptable by the council due to a change in its policy with regard to dormer windows. The parties are seeking consent orders from the Court.