Elassal v Marrickville Council [2013] NSWLEC 1131

Elassal v Marrickville Council [2013] NSWLEC 1131

The modified consent, plans, and conditions proposed are substantially the same as the original approval, permissible under the planning controls, provide additional on-site parking, and improve traffic outcomes; evidence and council support satisfied statutory requirements for modification.

Parties
Applicant: Ray Elassal; Respondent: Marrickville Council
Jurisdiction
Australia
Judgment Date
05 July 2013
Procedural Posture
Class 1 Appeal / Determination of S96 Modification Appeal
Outcome
Appeal upheld
Legal Topics
Modification of Development Consent, Traffic Impacts, Parking Requirements, Child Care Centre
Planning and Environment Modification of Development Consent Traffic Impacts Parking Requirements Child Care Centre

Case Brief

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Parties

Ray Elassal

Applicant

Marrickville Council

Respondent

Procedural Posture

Class 1 Appeal / Determination of S96 Modification Appeal

Legal Issues

  1. 1 Whether the modified development consent is substantially the same as approved under original consent
  2. 2 Whether traffic and parking impacts are satisfactory
  3. 3 Whether the modified development is permissible under planning controls

Ratio Decidendi

The modified consent, plans, and conditions proposed are substantially the same as the original approval, permissible under the planning controls, provide additional on-site parking, and improve traffic outcomes; evidence and council support satisfied statutory requirements for modification.

Court Disposition

Appeal upheld

Orders

  • Appeal upheld.
  • Development Consent DA201200224 is modified as specified: deletion of Deferred Commencement Condition 1 Part A; modification of Condition 1 Part B to refer to amended plans by Artmade Architectural Pty Ltd; modification of Condition 3 Part B to provide twenty-three off street parking spaces; deletion of Condition 38...