NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Al Maha Pty Ltd v Marrickville Council [2015] NSWLEC 1494 Hearing dates: 5 November 2015 Date of orders: 30 November 2015 Decision date: 30 November 2015 Jurisdiction: Class 1 Before: Hussey AC Decision: The Court orders that: 1. The appeal is dismissed. 2. Development Application No DA 201500105 for the addition of a 6th storey to accommodate 10 residential units, together with an additional 10 car parking spaces at No 32 - 72 Alice Street, Newtown is refused. 3. The exhibits may be returned except for 3, 5, and A. Catchwords: Development application: Additional 6th storey addition to new residential flat building comprising 10 units and additional 10 car parking spaces. Excessive height, bulk and scale. Cl 4.6 written request to vary height and FSR development standards. Legislation Cited: Environmental Planning and Assessment Act 1979;
Environmental Planning and Assessment Regulation 2000;
Heritage Act 1977;
Contaminated Land Management Act 1997;
National Parks and Wildlife Act 1974;
Disability Discrimination Act 1992;
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004;
State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development (SEPP 65).
State Environmental Planning Policy No. 55 (Remediation of Land) (SEPP 55)
The relevant local plan is the Marrickville Local Environmental Plan 2011 (MLEP 2011) Cases Cited: Antoniades Architects Pty Ltd v Canada Bay Council [2014] NSWLEC 1019
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