Architecture & Building Works Pty Ltd v Marrickville Council [2009] NSWLEC 1409

Architecture & Building Works Pty Ltd v Marrickville Council [2009] NSWLEC 1409

The Court upheld the appeal by consent because, after review of the amended plans, expert material, planning controls, RailCorp concurrence material, council assessment report and resident objections, there were no remaining disputed matters requiring determination and the residents' concerns were satisfactorily...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 December 2009
Procedural Posture
Class 1 Appeal Concerning a Development Application / Consent Orders After Amended Plans and Terminated Conciliation Conference
Outcome
Appeal upheld by consent; development consent granted subject to conditions.
Legal Topics
['townhouse Development' 'consent Orders' 'interim Heritage Order' 'curtilage' 'visual Privacy' 'waste Management' 'streetscape' 'resident Objections' 'rail Corridor Concurrence' 'deferred Commencement Consent']
['planning and Environment' 'development Consent' 'heritage' 'local Government'] ['townhouse Development' 'consent Orders' 'interim Heritage Order' 'curtilage' 'visual Privacy' 'waste Management' 'streetscape' 'resident Objections' 'rail Corridor Concurrence' 'deferred Commencement Consent']

Source-derived case record

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Procedural Posture

Class 1 Appeal Concerning a Development Application / Consent Orders After Amended Plans and Terminated Conciliation Conference

Legal Issues

  1. 1 ['Whether the consent orders should be made and the Class 1 appeal upheld for the amended development application.' 'Whether relevant statutory provisions and planning controls had been complied with.' 'Whether resident objections about matters including information adequacy, acid sulphate soils, contamination, overdevelopment, traffic, parking, overshadowing, infrastructure, access, heritage, construction impacts, excavation, rail corridor impacts, topography, noise and vibration were satisfactorily answered.' 'Whether conditional development consent should be granted for the amended proposal of 27 townhouses and related subdivision and parking works.']

Ratio Decidendi

The Court upheld the appeal by consent because, after review of the amended plans, expert material, planning controls, RailCorp concurrence material, council assessment report and resident objections, there were no remaining disputed matters requiring determination and the residents' concerns were satisfactorily answered; conditional development consent was therefore appropriate.

Court Disposition

Appeal upheld by consent; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application 200900017 to demolish the dwelling houses and associated outbuildings at 15, 17, 19, 21 and 23 Edgar Street; consolidate the land into one allotment; and erect a residential development containing twenty seven (27) townhouses and the dwelling house at 15 Wells Avenue...