Lily Hassarati v Marrickville Council [2004] NSWLEC 55

Lily Hassarati v Marrickville Council [2004] NSWLEC 55

The proposed three storey modification would result in a dominant, incongruous built form that is incompatible with the established and high quality streetscape character of Palace Street, contrary to the qualitative requirements of applicable planning controls.

Parties
Applicant: Lily Hassarati; Respondent: Marrickville Council
Jurisdiction
Australia
Judgment Date
16 January 2004
Procedural Posture
Class 1 Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Development Consent, Modification Applications, Streetscape Compatibility, Urban Housing Policy
Planning Law Environmental Law Development Consent Modification Applications Streetscape Compatibility Urban Housing Policy

Case Brief

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Parties

Lily Hassarati

Applicant

Marrickville Council

Respondent

Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed modification to allow a third storey is compatible with the existing streetscape of Palace Street as required by Council controls and DCPs
  2. 2 Whether the height and visual impact of the proposed modification is acceptable, particularly in relation to neighbouring properties at 75 and 79 Palace Street

Ratio Decidendi

The proposed three storey modification would result in a dominant, incongruous built form that is incompatible with the established and high quality streetscape character of Palace Street, contrary to the qualitative requirements of applicable planning controls.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The exhibits be returned to the parties except Exhibits A, 2, 9 and 10.