Forty Twenty Pty Ltd v Marrickville Council [2005] NSWLEC 117

Forty Twenty Pty Ltd v Marrickville Council [2005] NSWLEC 117

The proposal's relationship to the adjoining properties and its future context is unacceptable due to inadequate setbacks, bulk, and amenity, failing to achieve compatibility with its context and sufficient levels of solar access. Development consent is therefore refused.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 March 2005
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed, development application refused
Legal Topics
['existing Use Rights' 'compatibility With Character' 'residential Amenity' 'solar Access']
['planning Law' 'environmental Law'] ['existing Use Rights' 'compatibility With Character' 'residential Amenity' 'solar Access']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the proposal is compatible with the existing and future character of the area' 'Whether the proposal provides acceptable amenity to adjoining residents and future occupants, particularly solar access']

Ratio Decidendi

The proposal's relationship to the adjoining properties and its future context is unacceptable due to inadequate setbacks, bulk, and amenity, failing to achieve compatibility with its context and sufficient levels of solar access. Development consent is therefore refused.

Court Disposition

appeal dismissed, development application refused

Orders

  • ['The appeal is dismissed.' 'The development application (200400622) to demolish the existing dwelling house and carry out alterations to the existing shops and construction of one shop top dwelling and four two-storey dwellings over basement car parking for seven vehicles and two off street parking spaces, at 246...