Stancliffe R and Anor v Marrickville Council [2007] NSWLEC 633

Stancliffe R and Anor v Marrickville Council [2007] NSWLEC 633

Non-compliance with numeric side setbacks is not fatal where the proposal is consistent with the prevailing built form and streetscape character, and the DCP is flexible regarding replication of period styles; the development meets strategic objectives and does not result in significant amenity impacts to neighbours.

Parties
Applicant: Roger Stancliffe; Applicant: Pat Hodges; Respondent: Marrickville Council
Jurisdiction
Australia
Judgment Date
24 September 2007
Procedural Posture
Statutory Planning Appeal / Appeal Under S 97 of the Environmental Planning and Assessment Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Local Planning Controls, Urban Design, Heritage and Streetscape Character
Planning and Environment Development Application Local Planning Controls Urban Design Heritage and Streetscape Character

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Parties

Roger Stancliffe

Applicant

Pat Hodges

Applicant

Marrickville Council

Respondent

Procedural Posture

Statutory Planning Appeal / Appeal Under S 97 of the Environmental Planning and Assessment Act 1979

Legal Issues

  1. 1 Whether non-compliance with side boundary setbacks warrants refusal of consent
  2. 2 Whether the proposed building should imitate a period building or compel contemporary infill design
  3. 3 Whether proposal results in overdevelopment contrary to planning controls

Ratio Decidendi

Non-compliance with numeric side setbacks is not fatal where the proposal is consistent with the prevailing built form and streetscape character, and the DCP is flexible regarding replication of period styles; the development meets strategic objectives and does not result in significant amenity impacts to neighbours.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.
  • Development application No 2006/00212 is approved subject to deferred commence Conditions 1 to 3 and Conditions 1 to 52 in Annexure A.