Geeves, Kent v Marrickville Council [2013] NSWLEC 1117

Geeves, Kent v Marrickville Council [2013] NSWLEC 1117

The Court granted consent because, after considering the amended plans, agreed conditions and the resident objector's concerns, it was satisfied that granting consent was lawful and appropriate: the unusual triangular site justified flexible setbacks while maintaining amenity and streetscape objectives; the proposal was within the 11m height limit and impacts on the southern neighbour were sufficiently mitigated; the FSR variation was justified because the exceedance arose from basement parking and storage levels being more than 1m above existing ground level while the proposal still met the objectives of the FSR standard; and the development was consistent with the R1 Zone objectives and...

Jurisdiction
Australia
Judgment Date
05 July 2013
Procedural Posture
Class 1 Development Appeal / Consent Orders Hearing
Outcome
Appeal upheld by consent; development consent granted subject to conditions; no order as to costs.
Legal Topics
['development Application' 'consent Orders' 'attached Dwellings' 'floor Space Ratio' 'site Coverage and Setbacks' 'building Height' 'resident Objections']
['planning and Environment Law' 'development Consent'] ['development Application' 'consent Orders' 'attached Dwellings' 'floor Space Ratio' 'site Coverage and Setbacks' 'building Height' 'resident Objections']

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Procedural Posture

Class 1 Development Appeal / Consent Orders Hearing

Legal Issues

  1. 1 ['Whether it was lawful and appropriate to grant development consent by consent orders for demolition of existing dwellings and construction of three attached dwellings with basement parking.' "Whether the proposal's setbacks and site coverage were acceptable having regard to the unusual triangular site configuration, DCP controls, amenity and streetscape context." 'Whether the proposal complied with or acceptably addressed the 11m height control and impacts on the adjoining dwelling to the south.' 'Whether a written request under cl 4.6 of the Marrickville Local Environment Plan 2011 justified contravention of the floor space ratio development standard.' 'Whether the proposal was consistent with the desired future character of the locality and the objectives of the R1 Zone.']

Ratio Decidendi

The Court granted consent because, after considering the amended plans, agreed conditions and the resident objector's concerns, it was satisfied that granting consent was lawful and appropriate: the unusual triangular site justified flexible setbacks while maintaining amenity and streetscape objectives; the proposal was within the 11m height limit and impacts on the southern neighbour were sufficiently mitigated; the FSR variation was justified because the exceedance arose from basement parking and storage levels being more than 1m above existing ground level while the proposal still met the objectives of the FSR standard; and the development was consistent with the R1 Zone objectives and...

Court Disposition

Appeal upheld by consent; development consent granted subject to conditions; no order as to costs.

Orders

  • ['The applicant is granted leave to rely upon the amended plans prepared by Cracknell & Lonergan Architects dated 14 February 2013: A01 - Site Analysis Plan; A02 - Basement and Level 1 Plan; A03 - Level 2 and Roof Terrace Plan; A04 - Roof Plan and Site Plan; A05 - Sections and Elevations; A06 - Elevations East and...