Elassal v Marrickville Council [2013] NSWLEC 1131

Land and Environment Court New South Wales

Medium Neutral Citation: Elassal v Marrickville Council [2013] NSWLEC 1131 Hearing dates: 5 July 2013 Decision date: 05 July 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: CONSENT ORDERS: Modification of consent, traffic, access, parking Category: Principal judgment Parties: Ray Elassal (Applicant)

Marrickville Council (Respondent) Representation: Mr A Gough Storey & Gough Lawyers

Mr J Strati Marrickville Council File Number(s): 10321 of 2013

Judgment This determination was given extemporaneously and has been edited prior to publication. 1This appeal was lodged under the provisions of s96(8) of the EP&A Act 1979 seeking modification of consent DA201200224 granted by this Court under a s34 agreement made in proceedings 10977 of 2012. That consent was granted on a deferred commencement basis and authorised the construction of alterations and additions to an existing building and use of the premises as a child care centre for 90 children with off street parking for 18 vehicles at 16-20 Holbeach Avenue, Tempe. 2The applicant attempted to resolve part of the deferred commencement conditions however, its application for the installation of No Stopping zones in Bay Street, to the rear of the premises was rejected by Marrickville Council. Accordingly, the applicant has prepared amended plans that delete vehicle access from the site onto Bay Street and provide additional on-site parking spaces. 3The council has considered the amended proposal and resolved to seek Consent Orders from the Court.