Arrage v Inner West Council [2018] NSWLEC 1628

Land and Environment Court New South Wales

Medium Neutral Citation: Arrage v Inner West Council [2018] NSWLEC 1628 Hearing dates: 8 November 2018 Date of orders: 07 December 2018 Decision date: 07 December 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: The orders of the Court are:

(1) The appeal is dismissed.

(2) The application to modify the development consent granted by the Court for DA201500129, is determined by refusal.

(3) The exhibits are returned, with the exception of Exhibits A and 1. Catchwords: MODIFICATION APPLICATION: whether modification is substantially the same. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Marrickville Local Environment Plan 2009 State Environmental Planning Policy no. 65 – Design Quality of Residential Apartment Development Cases Cited: Moto Projects No 2 Pty Limited v North Sydney Council [1999] 106 LGERA 298 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Trinvass Pty Ltd V The Council of the City of Sydney [2018] NSWLEC 77 Vacik Pty Ltd v Penrith City Council, unreported Texts Cited: Apartment Design Guide, NSW Department of Planning and Environment, 2015 Marrickville Development Control Plan 2012 Category: Principal judgment Parties: Michael Abou Arrage (Applicant) Inner West City Council (Respondent) Representation: Counsel: A Hemmings (Applicant)