NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Al Maha Pty Ltd v Marrickville Council [2013] NSWLEC 1072 Hearing dates: 7, 8 & 28 February 2013. Further submissions on 19 April 2013. Decision date: 26 April 2013 Jurisdiction: Class 1 Before: Tuor C Decision: See paragraph 95 Catchwords: DEVELOPMENT APPLICATION: Mixed use development. Exception to floor space ratio development standard. Impact of parking access. Inconsistency or compatibility of number of storeys control in DCP with height control in LEP. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment Act 2012 Land and Environment Court Act 1979 Marrickville Local Environmental Plan 2011 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings State Environmental Planning Policy No 32 - Urban Consolidation (Redevelopment of Urban Land) State Environmental Planning Policy No 1 - Development Standards Cases Cited: North Sydney Council v Ligon [No 2] (1996) 93 LGERA 23 PDE Investments No 8 Pty Ltd v Manly Council [2004] NSWLEC 355 Wehbe v Pittwater Council [2007] NSWLEC 827 Zhang v Canterbury Council [2001] NSWCA 167 Category: Principal judgment Parties: Al Maha Pty Ltd (Applicant)
Marrickville Council (Respondent) Representation: Counsel Mr P Clay SC (Applicant)
Mr A Pickles (Respondent) Solicitors Mr C Drury of Sparke Hellmore (Applicant)
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