Matthew Lam v Inner West Council [2017] NSWLEC 1332

Matthew Lam v Inner West Council [2017] NSWLEC 1332

The appeal was dismissed because the proposed development, particularly the southern dwelling on Lot B, failed to provide a sufficiently sensitive design response to the constrained eastern interface with seven adjoining Agar Street properties. Its height, length, limited side setback and treatment of the eastern elevation would create unacceptable visual bulk, sense of enclosure and loss of amenity for neighbours, especially at 4, 6, 8 and 10 Agar Street. Compliance with maximum height, possible FSR controls and minimum solar access did not overcome non-compliance with DCP objectives and controls requiring minimisation of amenity impacts, adequate setbacks, reduced visual bulk and...

Jurisdiction
Australia
Judgment Date
29 June 2017
Procedural Posture
Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Principal Judgment After Hearing; S 34 Conciliation Conference Under the Land and Environment Court Act 1979 Terminated Without Agreement
Outcome
The appeal is dismissed and Development Application DA201500616 is refused.
Legal Topics
['development Application Refusal' 'two Lot Subdivision' 'semi Detached Dwellings' 'bulk and Scale' 'neighbour Amenity' 'visual Impact' 'overshadowing' 'streetscape and Infill Design' 'floor Space Ratio' 'clause 4.6 Variation Request']
['planning and Environment' 'development Consent' 'land Use Planning'] ['development Application Refusal' 'two Lot Subdivision' 'semi Detached Dwellings' 'bulk and Scale' 'neighbour Amenity' 'visual Impact' 'overshadowing' 'streetscape and Infill Design' 'floor Space Ratio' 'clause 4.6 Variation Request']

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Procedural Posture

Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Principal Judgment After Hearing; S 34 Conciliation Conference Under the Land and Environment Court Act 1979 Terminated Without Agreement

Legal Issues

  1. 1 ['Whether the proposed development had unacceptable bulk and scale impacts on adjoining Agar Street properties.' 'Whether the proposed side setbacks, height and eastern elevation adequately minimised visual impact and protected neighbouring amenity.' 'Whether the proposed development achieved an acceptable infill design and streetscape presentation having regard to the Marrickville Development Control Plan 2011.' 'Whether floor space ratio compliance should be assessed by reference to the existing site area or the proposed post-subdivision lot areas, and whether a cl 4.6 request was required.' 'Whether additional overshadowing impacts warranted refusal despite compliance with the DCP minimum solar access requirement.']

Ratio Decidendi

The appeal was dismissed because the proposed development, particularly the southern dwelling on Lot B, failed to provide a sufficiently sensitive design response to the constrained eastern interface with seven adjoining Agar Street properties. Its height, length, limited side setback and treatment of the eastern elevation would create unacceptable visual bulk, sense of enclosure and loss of amenity for neighbours, especially at 4, 6, 8 and 10 Agar Street. Compliance with maximum height, possible FSR controls and minimum solar access did not overcome non-compliance with DCP objectives and controls requiring minimisation of amenity impacts, adequate setbacks, reduced visual bulk and...

Court Disposition

The appeal is dismissed and Development Application DA201500616 is refused.

Orders

  • ['The appeal is dismissed.' 'Development Application for a two lot subdivision and two semi-detached dwellings at 119 Addison Road, Marrickville is refused.' 'The exhibits, except Exhibits 1 and A, are returned.']