Dazzle International Pty Ltd v Marrickville Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Dazzle International Pty Ltd v Marrickville Council [2015] NSWLEC 1417 Hearing dates:Conciliation conference on 29 September 2015Date of orders: 09 October 2015 Decision date: 09 October 2015 Jurisdiction:Class 1Before: Brown ASC Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION – demolition of existing carwash and construction of 4 storey mixed use development: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Dazzle International Pty Ltd (Applicant) Marrickville Council (Respondent) Representation: Mr Green, Solicitor (Applicant) Mr Strati, Solicitor (Respondent) Solicitors: Pikes & Verekers Lawyers (Applicant) Marrickville Council (Respondent) File Number(s):10470 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal by Marrickville Council of a development application DA201400496 for the demolition of existing structures and construction of a new mixed use building containing basement car parking, ground floor commercial/retail spaces, service and storage facilities, car parking and three (3) residential levels at 110 - 112 Addison Rd, Marrickville. In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by...