Foran Design Pty Limited v Marrickville Council [2004] NSWLEC 548

Foran Design Pty Limited v Marrickville Council [2004] NSWLEC 548

The SEPP 1 objection was well founded because the additional floor space was associated with basement car parking, did not create unacceptable bulk or scale, and did not unacceptably affect stormwater infiltration, deep soil planting or landscaping. The proposal satisfied the relevant planning controls for multi-unit housing, and impacts on adjoining properties, including overlooking, noise, overshadowing and streetscape impacts, were adequately addressed by amendments or conditions. There was therefore no basis to refuse the development application.

Jurisdiction
Australia
Judgment Date
31 August 2004
Procedural Posture
Appeal Against Refusal of Development Application / Judgment
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Consent' 'multi Unit Housing' 'sepp 1 Objection' 'floor Space Ratio' 'site Coverage' 'landscaped Area' 'overlooking' 'streetscape and Neighbourhood Character']
['planning and Environment Law'] ['development Consent' 'multi Unit Housing' 'sepp 1 Objection' 'floor Space Ratio' 'site Coverage' 'landscaped Area' 'overlooking' 'streetscape and Neighbourhood Character']

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Procedural Posture

Appeal Against Refusal of Development Application / Judgment

Legal Issues

  1. 1 ['Whether the SEPP 1 objection to the breach of the floor space ratio requirement was well founded' 'Whether the proposed development was acceptable in terms of site coverage, landscape area and private open space' 'Whether the proposed development had an unacceptable impact on adjoining properties' 'Whether submissions from local residents warranted refusal of the development application']

Ratio Decidendi

The SEPP 1 objection was well founded because the additional floor space was associated with basement car parking, did not create unacceptable bulk or scale, and did not unacceptably affect stormwater infiltration, deep soil planting or landscaping. The proposal satisfied the relevant planning controls for multi-unit housing, and impacts on adjoining properties, including overlooking, noise, overshadowing and streetscape impacts, were adequately addressed by amendments or conditions. There was therefore no basis to refuse the development application.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'DA 200400076 for the demolition of two dwellings and the erection of a multi-unit housing development at 7-9 Kroombit Street, Dulwich Hill, is approved subject to the conditions in Annexure "A".' 'The Exhibits are returned with the exception of Exhibits 2, 10, C & D.']