Marrickville Development No.3 Pty Ltd v Inner West Council [2019] NSWLEC 1132

Marrickville Development No.3 Pty Ltd v Inner West Council [2019] NSWLEC 1132

The proposed development complies with the applicable FSR standard and all relevant planning controls, including bulk, scale, solar access, private open space, car parking, and impact on the street tree (Tree T3), provided that the driveway and footpath are constructed with permeable paving and under arborist supervision. There is no requirement for a cl 4.6 variation. The development is suitable and in the public interest.

Jurisdiction
Australia
Judgment Date
14 May 2019
Procedural Posture
Development Application Appeal (class 1) / Final Orders After Hearing
Outcome
Appeal upheld. Development application approved subject to conditions.
Legal Topics
['development Applications' 'floor Space Ratio (fsr)' 'solar Access' 'bulk and Scale of Development' 'open Space and Car Parking' 'street Tree Impact' 'marrickville LEP 2011 Interpretation']
['planning and Environment Law'] ['development Applications' 'floor Space Ratio (fsr)' 'solar Access' 'bulk and Scale of Development' 'open Space and Car Parking' 'street Tree Impact' 'marrickville LEP 2011 Interpretation']

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Procedural Posture

Development Application Appeal (class 1) / Final Orders After Hearing

Legal Issues

  1. 1 ['What is the applicable FSR for the proposed development and does it require a cl 4.6 written request?' 'Is the bulk and scale of the proposed development acceptable and should the rear bedrooms be deleted?' 'Is the proposed dual use (private open space and car parking) of the rear area acceptable?' 'Are the potential impacts on the street tree (Tree T3) acceptable?']

Ratio Decidendi

The proposed development complies with the applicable FSR standard and all relevant planning controls, including bulk, scale, solar access, private open space, car parking, and impact on the street tree (Tree T3), provided that the driveway and footpath are constructed with permeable paving and under arborist supervision. There is no requirement for a cl 4.6 variation. The development is suitable and in the public interest.

Court Disposition

Appeal upheld. Development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on amended plans;' 'The appeal is upheld;' "Development application DA2017/00562 for demolition of an existing dwelling, and construction of two semi-detached dwelling houses, at 81 Station Street, Newtown, also identified as Lot 8 in DP 316, is determined by the grant of...