Geeves v Inner West Council [2018] NSWLEC 1601

Land and Environment Court New South Wales

Medium Neutral Citation: Geeves v Inner West Council [2018] NSWLEC 1601 Hearing dates: 5 – 6 November 2018 Date of orders: 21 November 2018 Decision date: 21 November 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA2017/00583 for partial demolition of the existing building and construction of a boarding house containing 18 rooms, including a manager's room and associated facilities at 96-98 May Street St Peters is refused. (3) The exhibits are returned with the exception of Exhibit 1. Catchwords: DEVELOPMENT APPLICATION: Boarding house – whether the floor space ratio control is exceeded – whether the maximum room size standard is exceeded - no variation to development standard sought - no power to consent to application – directions not warranted Legislation Cited: Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Landmark Group Australia Pty Ltd [2016] NSWLEC 1577 Luxe Manly Pty Limited v Northern Beaches Council [2016] NSWLEC 156 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Wehbe v Pittwater Council (2007) 156 LGERA 446 Winten Property Group Ltd v North Sydney Council (2001) 130 LGERA 79 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Kent Geeves (Applicant) Inner West Council (Respondent) Representation: Solicitors: P Rigg, Peter R Rigg (Applicant) C Gough, Storey and Gough Lawyers (Respondent) File Number(s): 2018/22816 Publication restriction: No