Fobitu Pty Limited v Marrickville Council [2012] NSWLEC 1251

Fobitu Pty Limited v Marrickville Council [2012] NSWLEC 1251

The appeal was dismissed because the design of the proposed development was not compatible with the character of the local area, particularly when viewed from Pigott Street and Hoskins Park, thus failing the character test in cl 54A(3) of SEPP-ARH. The bulk, massing, and height of the proposed building were found incompatible with the predominantly single-storey residential character and the interface with Hoskins Park.

Parties
Applicant: Fobitu Pty Limited; Respondent: Marrickville Council
Jurisdiction
Australia
Judgment Date
06 September 2012
Procedural Posture
Appeal / Principal Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Affordable Rental Housing, Compatibility With Local Area, Building Height Requirements, Solar Access, Heritage Impact
Planning and Environment Development Application Affordable Rental Housing Compatibility With Local Area Building Height Requirements Solar Access Heritage Impact

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Parties

Fobitu Pty Limited

Applicant

Marrickville Council

Respondent

Procedural Posture

Appeal / Principal Judgment

Legal Issues

  1. 1 Whether the proposed development is permissible under State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP-ARH) given the 400m bus stop distance requirement
  2. 2 Whether the design is compatible with the character of the local area
  3. 3 Whether the breach of 8.5m height limit is acceptable

Ratio Decidendi

The appeal was dismissed because the design of the proposed development was not compatible with the character of the local area, particularly when viewed from Pigott Street and Hoskins Park, thus failing the character test in cl 54A(3) of SEPP-ARH. The bulk, massing, and height of the proposed building were found incompatible with the predominantly single-storey residential character and the interface with Hoskins Park.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development Application DA 2010000022 for the redevelopment of 34 and 36 Pigott Street and 174 Denison Road, Dulwich Hill for affordable rental accommodation is refused.