NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: JK Canterbury Holdings Pty Ltd v Marrickville Council [2016] NSWLEC 1142 Hearing dates: 7, 8 April 2016 Date of orders: 19 April 2016 Decision date: 19 April 2016 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. DA201500269 to demolish all existing improvements and construct a long day child care centre at 1-7 Albany Road, Stanmore is refused. 3. The exhibits are returned with the exception of exhibits A and F. Catchwords: DEVELOPMENT APPLICATION: demolition of all existing improvements and the construction of a part 3 and part 4 storey long day child care centre - excessive floor space ratio - unacceptable impact on the character of the area Legislation Cited: Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2011 Cases Cited: Hooker Corporation Pty Limited v Hornsby Shire Council (unreported, 2 June 1986) Cripps J Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Category: Principal judgment Parties: JK Canterbury Holdings Pty Ltd (Applicant) Marrickville Council (Respondent) Representation: Counsel: Ms M Carpenter, barrister (Applicant) Mr G Christmas, solicitor (Respondent)
Solicitors: Swaab Attorneys (Applicant) Apex Planning and Environmental Law (Respondent) File Number(s): 10637 of 2015 Publication restriction: No
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