Blanke & Anor v Marrickville Council [2014] NSWLEC 1135

Blanke & Anor v Marrickville Council [2014] NSWLEC 1135

The proposed dormer form was appropriate to the contemporary character of the dwelling in its group of three, but its proposed width was excessive in relation to the dwelling and would risk dominating the roof plane. The dormer should be reduced to a maximum external width of 1500mm including cladding, use two window panes separated by a central vertical mullion aligned with the first floor doorway mullions, and otherwise follow the lodged plans; if amended accordingly, there was no reason why the consent should not be modified.

Jurisdiction
Australia
Judgment Date
02 July 2014
Procedural Posture
Class 1 Appeal Against Refusal to Modify Development Consent / Directions After Conciliation Conference and Short on Site Hearing; Final Orders to Be Made in Chambers
Outcome
Directions made for amended plans and conditions; final orders reserved to Chambers.
Legal Topics
['modification of Development Consent' 'dormer Windows' 'development Control Plan Compliance' 'streetscape and Visual Impact' 'floor Space Ratio']
['planning and Environment' 'development Consent'] ['modification of Development Consent' 'dormer Windows' 'development Control Plan Compliance' 'streetscape and Visual Impact' 'floor Space Ratio']

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Procedural Posture

Class 1 Appeal Against Refusal to Modify Development Consent / Directions After Conciliation Conference and Short on Site Hearing; Final Orders to Be Made in Chambers

Legal Issues

  1. 1 ['Whether the modified development proposal would comply with the requirements for dormer windows in the Marrickville Development Control Plan 2012.' 'Whether the modified development proposal would have an unacceptable appearance within and upon the streetscape in Garners Avenue.']

Ratio Decidendi

The proposed dormer form was appropriate to the contemporary character of the dwelling in its group of three, but its proposed width was excessive in relation to the dwelling and would risk dominating the roof plane. The dormer should be reduced to a maximum external width of 1500mm including cladding, use two window panes separated by a central vertical mullion aligned with the first floor doorway mullions, and otherwise follow the lodged plans; if amended accordingly, there was no reason why the consent should not be modified.

Court Disposition

Directions made for amended plans and conditions; final orders reserved to Chambers.

Orders

  • ['The applicant is to file and serve plans that reflect the details in [24] by 4pm Friday 11 July 2014.' 'The council is to file agreed conditions and a consolidated set of conditions in Word format that reflect those plans by 4pm 18 July 2014.' 'Final Orders will be made in Chambers.']