McDonald v Marrickville Council [2016] NSWLEC 1194

Land and Environment Court New South Wales

Medium Neutral Citation: McDonald v Marrickville Council [2016] NSWLEC 1194 Hearing dates: 21 April 2016 Date of orders: 05 May 2016 Decision date: 05 May 2016 Jurisdiction: Class 1 Before: Morris C Decision: See paragraph 28 Catchwords: Consent Orders: skylight and roof access Legislation Cited: Environmental Planning and Assessment Act 1979; Marrickville Local Environmental Plan 2011 Texts Cited: Marrickville Development Control Plan 2011; the Building Code of Australia Category: Principal judgment Parties: Thomas McDonald (Applicant)

Marrickville Council (Respondent) Representation: Solicitors: Mr C Norton Piper Alderman (Applicant) Ms J Blunden Marrickville Council (Respondent) File Number(s): 2016/155217 (formally 11172 of 2015)

Judgment 1. This is an appeal against the actual refusal by Marrickville Council of a request to review Development Application 201400681. That consent granted approval to demolish part of the premises and carry out ground and first floor alterations and additions to a dwelling house and construct a basement laundry and powder room. The originally lodged development application had also included a proposal to enlarge a roof skylight and to provide a timber landing platform with access to the roof. The Council had refused that component of the development. The applicant is appealing the determination of an application that sought review of the refused component of the application. 2. Since the appeal was filed the applicant and Council have been in discussions to address the reasons for refusal and the applicant has provided amended plans and a structural engineer's report. Those discussions and the provision of the additional information have resolved the issues between the parties and they are seeking consent orders from the Court.