Glen McCormack v Marrickville Council [2006] NSWLEC 143

Glen McCormack v Marrickville Council [2006] NSWLEC 143

The Revision E plans, with further conditions requiring changes to planter boxes, privacy screens, balcony and roof edges, acoustic walls, and subdivision documentation, satisfactorily addressed streetscape, built form, visual privacy and acoustic privacy issues; the amended design maintained the perceived single-storey streetscape character and acceptable amenity, so deferred development consent should be granted.

Jurisdiction
Australia
Judgment Date
31 March 2006
Procedural Posture
Class 1 Appeal Concerning Deemed Refusal of a Development Application / Judgment After Hearing
Outcome
Appeal upheld; deferred development consent granted subject to conditions.
Legal Topics
['floor Space Ratio' 'building Height' 'streetscape' 'visual Privacy' 'acoustic Privacy' 'built Form' 'subdivision']
['planning and Environment' 'development Consent'] ['floor Space Ratio' 'building Height' 'streetscape' 'visual Privacy' 'acoustic Privacy' 'built Form' 'subdivision']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Deemed Refusal of a Development Application / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed development would adversely impact the character of the existing streetscape due to height, garage and carport within the front elevation and semi-detached building form.' 'Whether the proposed development would adversely impact the acoustic and visual privacy of adjoining properties and between the proposed dwellings.' 'Whether the proposed development would complement the existing built form of Alfred Street or set an undesirable precedent.' 'Whether deferred development consent should be granted subject to conditions.']

Ratio Decidendi

The Revision E plans, with further conditions requiring changes to planter boxes, privacy screens, balcony and roof edges, acoustic walls, and subdivision documentation, satisfactorily addressed streetscape, built form, visual privacy and acoustic privacy issues; the amended design maintained the perceived single-storey streetscape character and acceptable amenity, so deferred development consent should be granted.

Court Disposition

Appeal upheld; deferred development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Deferred development consent is granted to demolish an existing house and garage and erect two semi-detached 2-storey dwellings at No. 4 Alfred Street, Marrickville, as shown on Project No. 04.07 Drawing Nos. DA01E, DA02E, DA03E, DA04E, DA05E, DA09C, LD01D by Glenn P McCormack Architect,...