Cracknell and Lonergan Architects Pty Ltd v Inner West Council [2017] NSWLEC 1521

Land and Environment Court New South Wales

Medium Neutral Citation: Cracknell and Lonergan Architects Pty Ltd v Inner West Council [2017] NSWLEC 1521 Hearing dates: 14 September 2017 2017 Date of orders: 27 September 2017 Decision date: 27 September 2017 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders:

(1) The appeal is upheld. (2) Development consent is granted to modify the conditions of consent granted under Determination 200200921 (Annexure 'A') to reflect the modified conditions of consent attached as Annexure 'B'. (1) The exhibits are returned, with the exception of Exhibits 1 and D. Catchwords: APPLICATION TO MODIFY CONDITIONS OF CONSENT – Application under s 96(1A) of the Environmental Planning and Assessment Act 1979 – Minimal environmental impact – Extended operating hours – Potential noise impacts on residential dwellings within land zoned IN1 General Industrial. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 79C and 96 Land and Environment Court Act 1979, s 34 Marrickville Local Environmental Plan 2011 Cases Cited: Nil Texts Cited: Marrickville Development Control Plan 2011, Pt 6 NSW Industrial Noise Policy 2000, s 2.2.2 Category: Principal judgment Parties: Cracknell and Lonergan Architects Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: Mr Fraser (Applicant) Mr M Bonanno (Respondent)

Solicitors: Fritchley Solicitors (Applicant) Inner West Council (Respondent) File Number(s): 2016/00361944 Publication restriction: No