Pambris v Marrickville Council [2005] NSWLEC 764

Pambris v Marrickville Council [2005] NSWLEC 764

The proposed amendments did not warrant refusal because the amended design reduced or acceptably managed visual bulk and height, complied with the 4 m southern setback and permissible floor space ratio, provided privacy screening to overlooking bedroom windows, and maintained acceptable mid-winter solar access to neighbouring properties. On the expert evidence and in light of the Council's decision not to oppose the appeal, there was nothing sufficient to refuse the amendments to the approved development.

Jurisdiction
Australia
Judgment Date
23 December 2005
Procedural Posture
Class 1 Appeal / Appeal Against Refusal of a S 96 Application to Amend Development Consent 2003 00601
Outcome
Appeal allowed; development consent modified; no order as to costs by consent.
Legal Topics
['section 96 Modification' 'heritage Item Restoration and Extension' 'townhouse Development' 'bulk and Height' 'privacy' 'overshadowing' 'floor Space Ratio and Density']
['planning and Environment Law' 'development Consent'] ['section 96 Modification' 'heritage Item Restoration and Extension' 'townhouse Development' 'bulk and Height' 'privacy' 'overshadowing' 'floor Space Ratio and Density']

Case Brief

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Procedural Posture

Class 1 Appeal / Appeal Against Refusal of a S 96 Application to Amend Development Consent 2003 00601

Legal Issues

  1. 1 ['Whether the proposed modification would result in the southern elevation of the townhouses being higher and longer than approved, causing adverse impacts by way of bulk, scale and overshadowing.' 'Whether the proposed modification would result in an unacceptable level of floor space and density constituting overdevelopment of the site.' 'Whether the amended townhouse design would cause unacceptable privacy impacts to neighbouring properties.']

Ratio Decidendi

The proposed amendments did not warrant refusal because the amended design reduced or acceptably managed visual bulk and height, complied with the 4 m southern setback and permissible floor space ratio, provided privacy screening to overlooking bedroom windows, and maintained acceptable mid-winter solar access to neighbouring properties. On the expert evidence and in light of the Council's decision not to oppose the appeal, there was nothing sufficient to refuse the amendments to the approved development.

Court Disposition

Appeal allowed; development consent modified; no order as to costs by consent.

Orders

  • ['The appeal is allowed.' 'The consent granted on 6 July 2004 by the Respondent Council to development application 2003 00601 for alterations and additions to heritage item and construction of 9 townhouses on Lot a DP 320681, 114 Ewart Street, Dulwich Hill, is modified as set out in Annexure "A" hereto.' 'Exhibits,...