Geeves, Kent v Marrickville Council [2013] NSWLEC 1117

Land and Environment Court New South Wales

Medium Neutral Citation: Geeves, Kent v Marrickville Council [2013] NSWLEC 1117 Hearing dates: 3 July 2013 Decision date: 05 July 2013 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The applicant is granted leave to rely upon the following amended plans prepared by Cracknell & Lonergan Architects dated 14 February 2013: A01 - Site Analysis Plan A02 - Basement and Level 1 Plan A03 - Level 2 and Roof Terrace Plan A04 - Roof Plan and Site Plan A05 - Sections and Elevations A06 - Elevations East and West A11 - Finishes 2.The applicant is granted leave to rely upon the following amended plans prepared by United Engineers dated 5 February 2013: Sheet 1 - Site and Roof Drainage Plan Sheet 2 - Basement Drainage Plan 3. By consent, the appeal is upheld. 4. Development consent is granted to development application No. 201200276 lodged by the Applicant with the Respondent on 17 July 2012 for the demolition of existing dwellings and the construction of 3 attached dwellings with associated basement parking at 9-11 Barwon Park Road, St Peters, subject to the conditions in Annexure A. 15. No order as to costs. 6. The exhibits, other than exhibit 2, are returned. Catchwords: DEVELOPMENT APPLICATION: consent orders; attached dwellings; FSR and site coverage; resident objectors. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Kent Geeves (Applicant) Marrickville Council (Respondent) Representation: Mr J. Palmer (Solicitor) (Applicant) Mr J. Strati (Solicitor) (Respondent) Solicitors Pikes and Verekers (Applicant) Marrickville Council (Respondent) File Number(s): 10351 of 2013