NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Petrovski v Inner West Council [2017] NSWLEC 1287 Hearing dates: 8 May 2017 Date of orders: 19 June 2017 Decision date: 07 June 2017 Jurisdiction: Class 1 Before: Morris C Decision: See para 69 Catchwords: DEVELOPMENT APPLICATION: alteration and additions to existing boarding house, whether alterations to existing rooms are required; compliance with controls in development control plan; whether sufficient amenity and adequate car parking is provided; whether an overdevelopment of the site and orderly and economic use of the land. Legislation Cited: Environmental Planning and Assessment Act 1979; Marrickville Local Environmental Plan 2011; State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Gligor Petrovski (Applicant)
Inner West Council (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant)
Solicitors: Planning Law Solutions (Applicant) Mr S Kondilios Hall & Wilcox Lawyers (Respondent) File Number(s): 281762/2016
Judgment 1. Mr Petrovski owns as existing boarding house at 115 Livingston Road, Marrickville and authorised lodgement of development application DA201500545 with Inner West Council seeking consent for alterations and additions to that boarding house to increase the number of boarding rooms from 22 to 31 and provide additional boarding house facilities within the premises. 2. That application was refused consent on 4 April 2016 and an application for review of the determination was lodged with the council pursuant to the provisions of s82A of the Environmental Planning and Assessment Act 1979 (EP&AAct) accompanied by amended plans that attempted to address the council's original reasons for refusal of consent. 3. The council also refused the review request and Mr Petrovski is appealing that determination.
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