Sendlhofer v Marrickville Council [2005] NSWLEC 57

Sendlhofer v Marrickville Council [2005] NSWLEC 57

The Commissioner was satisfied that the concerns identified during the site inspection had been dealt with adequately by the revised survey plan, revised plans and conditions, and that it was appropriate to make the consent orders sought by the parties granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
29 June 2005
Procedural Posture
Development Application Appeal / Ex Tempore Judgment; Consent Orders
Outcome
Appeal upheld; development application determined by granting development consent subject to conditions annexed to the orders.
Legal Topics
['development Consent' 'demolition' 'renovation' 'boarding House Style Accommodation' 'objector Concerns' 'conditions of Consent']
['planning and Environment Law'] ['development Consent' 'demolition' 'renovation' 'boarding House Style Accommodation' 'objector Concerns' 'conditions of Consent']

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Procedural Posture

Development Application Appeal / Ex Tempore Judgment; Consent Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for demolition of an existing lean-to structure and garden shed, renovation of existing bathroom/kitchenette facilities, and erection of new studios at 11-13 Lord Street, Newtown.' 'Whether revised plans and conditions adequately addressed concerns about protection of the adjoining owner’s property during construction.']

Ratio Decidendi

The Commissioner was satisfied that the concerns identified during the site inspection had been dealt with adequately by the revised survey plan, revised plans and conditions, and that it was appropriate to make the consent orders sought by the parties granting development consent subject to conditions.

Court Disposition

Appeal upheld; development application determined by granting development consent subject to conditions annexed to the orders.

Orders

  • ['The appeal is upheld.' 'Development application 200400270 for demolition of an existing lean-to structure and garden shed at the rear of No. 11-13 Lord Street, Newtown, being Lot 11 in Deposited Plan 70701; the renovation of an existing bathroom/kitchenette facilities to studios 1 to 6 and the erection of four new...