Shelley Lane Pty Limited v Marrickville Council [2012] NSWLEC 1309

Land and Environment Court New South Wales

Medium Neutral Citation: Shelley Lane Pty Limited v Marrickville Council [2012] NSWLEC 1309 Hearing dates: 3,4 October 2012 Decision date: 06 November 2012 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Application No. DA201100567 for the conversion of an existing industrial building into a residential flat building at the corner of Shelleys Lane and Empire Lane Marrickville is refused. 3. The exhibits are returned with the exception of exhibits 3, 5 and C. Catchwords: DEVELOPMENT APPLICATION: conversion of an existing industrial building into a three level residential flat building - permissibility - whether classified as a "conversion"- whether extent of modification is excessive- inconsistency with context, scale, built form and density in the area - impact on the heritage aspects of the building - inadequate cross ventilation - inadequate floor area for some units Legislation Cited: Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Marrickville Local Environmental Plan 2001 Marrickville Local Environmental Plan 2011 State Environmental Planning Policy No. 65 Cases Cited: Cracknell & Lonergan Architects Pty Ltd v Leichhardt Municipal Council [2012] NSWLEC 194 Marina Bay Developments Pty Ltd v Pittwater Council [2007] NSWLEC 41 Remath Investments (No 6) Pty Limited v Botany Bay City Council [2000] NSWLEC 137 Category: Principal judgment Parties: Shelley Lane Pty Limited (Applicant) Marrickville Council (Respondent) Representation: Mr M Staunton, barrister (Applicant) Mr G Christmas, solicitor (Respondent) Landerer and Company (Applicant) Apex Law (Respondent) File Number(s): 10477 of 2012