Papaioannou v Marrickville Council [2015] NSWLEC 1407

Land and Environment Court New South Wales

Medium Neutral Citation: Papaioannou v Marrickville Council [2015] NSWLEC 1407 Hearing dates: 1 September 2015 Date of orders: 09 October 2015 Decision date: 09 October 2015 Jurisdiction: Class 1 Before: Dixon C Decision: (1) The appeal is dismissed. (2) Development consent to relocate a modified train carriage on the property at 884 Princes Highway, Tempe and to use the carriage as a diner for the preparation and sale of food in accordance with DA 20140073 is refused. (3) The exhibits are returned. Catchwords: APPEAL - Development application - Modified train carriage to be used as a diner - Amenity impacts for nearby residents - Increased traffic - Parking Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Marrickville Local Environmental Plan 2011 Marrickville Development Control Plan 2011 Category: Principal judgment Parties: George Papaioannou (Applicant) Marrickville Council (Respondent) Representation: George Papaioannou (in person) (Applicant) Joe Strati (Solicitor) (Respondent)

Solicitors: Marrickville Council (Respondent) File Number(s): 10946 of 2014

Judgment

Introduction 1. The applicant, George Papaioannou, is self-represented. He appeals Marrickville Council's refusal of his development application for the location of a modified train carriage on land at 884 Princes Highway, Tempe (the site) for use as a diner. 2. His appeal is made pursuant to section 97 (1) of the Environmental Planning and Assessment Act 1979 (EPA Act).