JK Canterbury Holdings Pty Ltd v Marrickville Council

Land and Environment Court New South Wales Medium Neutral Citation: JK Canterbury Holdings Pty Ltd v Marrickville Council [2016] NSWLEC 1142 Hearing dates:7, 8 April 2016Date of orders: 19 April 2016 Decision date: 19 April 2016 Jurisdiction:Class 1Before: Brown C Decision: 1. The appeal is dismissed.2. DA201500269 to demolish all existing improvements and construct a long day child care centre at 1-7 Albany Road, Stanmore is refused.3. The exhibits are returned with the exception of exhibits A and F. Catchwords: DEVELOPMENT APPLICATION: demolition of all existing improvements and the construction of a part 3 and part 4 storey long day child care centre - excessive floor space ratio - unacceptable impact on the character of the area Legislation Cited: Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2011 Cases Cited: Hooker Corporation Pty Limited v Hornsby Shire Council (unreported, 2 June 1986) Cripps J Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Category:Principal judgmentParties: JK Canterbury Holdings Pty Ltd (Applicant) Marrickville Council (Respondent) Representation: Counsel: Ms M Carpenter, barrister (Applicant) Mr G Christmas, solicitor (Respondent)   Solicitors: Swaab Attorneys (Applicant) Apex Planning and Environmental Law (Respondent) File Number(s):10637 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of DA201500269 to demolish all existing improvements and construct a part 3 and part 4 storey long day child care centre for 135 children aged from birth up to 6 years at 1-7 Albany Road, Stanmore (the site). The centre will operate Monday to Friday between 7pm and...