Easter Concrete Group Pty Limited v Marrickville Council [2014] NSWLEC 1084

Land and Environment Court New South Wales

Medium Neutral Citation: Easter Concrete Group Pty Limited v Marrickville Council [2014] NSWLEC 1084 Hearing dates: 13 February and 3 April 2014 Decision date: 13 May 2014 Jurisdiction: Class 1 Before: Hussey C Decision: (1)The appeal is dismissed. (2)Development consent to DA201300309 for the demolition of the existing dwelling and construction of a nineteen-room boarding house at 18 Gannon Street, Tempe is refused. (3)The exhibits may be returned except for 2, A, B and C. Catchwords: Development application: Boarding house; parking provision, s 94 contributions Legislation Cited: State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Marrickville Local Environmental Plan 2011 Marrickville Development Control Plan 2011 ("DCP"), as amended (i.e. DCP 2013) Category: Principal judgment Parties: Easter Concrete Group Pty Limited (Applicant)

Marrickville Council (Respondent) Representation: BCP Lawyers & Consultants (Applicant)

Marrickville Council (Respondent) Mr M Driscoll (Applicant)

Mr J Strati (Respondent) File Number(s): 10895 of 2013

Judgment

Background 1This appeal was lodged against council's refusal of a development application for the demolition of the existing dwelling and construction of a nineteen-room boarding house at 18 Gannon Street, Tempe. The building is of a two-storey design with two car parking spaces within the front setback area. It is proposed that the boarding house be used for affordable housing for at least the first five years of occupation. 2The appeal commenced by way of a s 34 conference where the contentions included that the proposal was not compatible with the character of the local area, it does not encourage community safety and the development would result in a poor living environment. 3Following the s34 conference the applicant undertook some amendments resulting in amended contentions comprising: * Inadequate provision of parking, and * s 94 contribution. 4In the absence of any s 34 agreement the appeal proceeded to a merit hearing.