Torr & Torr Realty v Marrickville Council [2012] NSWLEC 1288

Land and Environment Court New South Wales

Medium Neutral Citation: Torr & Torr Realty v Marrickville Council [2012] NSWLEC 1288 Hearing dates: 21 September 2012 Decision date: 17 October 2012 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. D/A No 201100625 for alterations and additions to an existing building to provide for an eight storey building development comprising 55 boarding rooms and a ground level retail/commercial tenancy and strata subdivision of retail space from boarding house at 244 – 244A Wardell Road, Marrickville is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 2 and A. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing building to provide for a building comprising 55 boarding rooms and a ground level retail/commercial tenancy - number of storeys - building design - internal amenity of some proposed boarding rooms Legislation Cited: Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65 Category: Principal judgment Parties: Torr & Torr Realty (Applicant) Marrickville Council (Respondent) Representation: Mr M Staunton, barrister (Applicant) Mr J Strati, solicitor (Respondent) Solicitors HWL Ebsworth Lawyers (Applicant) Marrickville Council (Respondent) File Number(s): 10449 of 2012