NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Fuller v Inner West Council [2019] NSWLEC 1506 Hearing dates: 14 October 2019 Date of orders: 23 October 2019 Decision date: 23 October 2019 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application No. 201800138 for the subdivision of Lot 1 DP 970333 known as 17 South Street, Marrickville is refused. (3) The exhibits other than Exhibit A are returned. Catchwords: DEVELOPMENT APPLICATION – subdivision of one lot into two – whether subdivision is consistent with existing subdivision pattern Legislation Cited: Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2011 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd (2009) 172 LGERA 338; [2009] NSWCA 226 Maloney v Inner West Council [2018] NSWLEC 1269 Zhang v Canterbury City Council (2001) 115 LGERA 373; (2001) NSWCA 167 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Louise Fuller (Applicant) Inner West Council (Respondent) Representation: Counsel: J Reid (Applicant) M Cottom (Solicitor) (Respondent)
Solicitors: Planning Law Solutions (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2018/258915 Publication restriction: No
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