Serhan v Marrickville Council [2006] NSWLEC 237

Serhan v Marrickville Council [2006] NSWLEC 237

The determinative reason for refusal is that the proposed subdivision is inconsistent with and antipathetic to the prevailing subdivision pattern of the area, where residential properties have frontage to streets rather than to rear service lanes. Approval would set an undesirable precedent and is contrary to the objectives and controls of the Council's Development Control Plan.

Parties
Applicant: Ahmed Serhan; Respondent: Marrickville Council
Jurisdiction
Australia
Judgment Date
22 March 2006
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act / Judgment After on Site Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application, Subdivision, Open Space Requirements, Car Parking, Building Bulk and Scale
Planning and Environment Development Application Subdivision Open Space Requirements Car Parking Building Bulk and Scale

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Parties

Ahmed Serhan

Applicant

Marrickville Council

Respondent

Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act / Judgment After on Site Hearing

Legal Issues

  1. 1 Whether the proposed three-lot subdivision and erection of two attached dwelling houses at the rear of 22-22A Llewellyn Street, Marrickville, is consistent with the prevailing subdivision pattern
  2. 2 Whether the proposal provides adequate open space and car parking in accordance with Council requirements
  3. 3 Whether the design, height, bulk and scale are appropriate and consistent with Council controls

Ratio Decidendi

The determinative reason for refusal is that the proposed subdivision is inconsistent with and antipathetic to the prevailing subdivision pattern of the area, where residential properties have frontage to streets rather than to rear service lanes. Approval would set an undesirable precedent and is contrary to the objectives and controls of the Council's Development Control Plan.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • The appeal in respect of the property known as 22-22A Llewellyn Street Marrickville is dismissed.
  • The development application submitted to Marrickville Council and as amended for a three lot subdivision and erection of two attached dwelling houses at the rear is determined by the refusal of consent.