Sheree Waks v Marrickville Council [2003] NSWLEC 308

Sheree Waks v Marrickville Council [2003] NSWLEC 308

The planning, streetscape, subdivision and solar access issues did not warrant refusal, but the Court was not satisfied on the evidence that the site would not be affected to some degree by a 1 in 100 year flood event. Because further expert investigation was necessary to determine an appropriate floor level and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 November 2003
Procedural Posture
Development Application Appeal / Judgment After Hearing; Issuing of Orders Deferred
Outcome
Issuing of orders deferred to allow the applicant an opportunity to complete a stormwater drainage catchment study; absent satisfactory flood information, dismissal of the appeal would be appropriate.
Legal Topics
['development Application for Demolition, Three Attached Two Storey Dwelling Houses and Subdivision' 'flooding and Stormwater Drainage Catchment Study' 'urban Design and Streetscape' 'garages and Access Driveways' 'amenity Impacts and Solar Access' 'subdivision Pattern']
['environmental Planning and Assessment' 'land and Environment' 'development Consent'] ['development Application for Demolition, Three Attached Two Storey Dwelling Houses and Subdivision' 'flooding and Stormwater Drainage Catchment Study' 'urban Design and Streetscape' 'garages and Access Driveways' 'amenity Impacts and Solar Access' 'subdivision Pattern']

Source-derived case record

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Procedural Posture

Development Application Appeal / Judgment After Hearing; Issuing of Orders Deferred

Legal Issues

  1. 1 ['Whether the proposed development and subdivision were acceptable having regard to streetscape, building character, setbacks, garages and amenity impacts.' 'Whether loss of solar access to the living room window at No. 8 Davis Street warranted refusal under Development Control Plan No. 35 - Urban Housing, Volume 1.' 'Whether the proposed subdivision was similar to the prevailing subdivision and building character in Davis Street.' 'Whether the site was potentially affected by a 1 in 100 year flood event and whether further flood or drainage investigation was required before consent could be granted.' 'Whether the proposed deferred commencement condition dealing with stormwater drainage catchment study should be imposed in its present form.']

Ratio Decidendi

The planning, streetscape, subdivision and solar access issues did not warrant refusal, but the Court was not satisfied on the evidence that the site would not be affected to some degree by a 1 in 100 year flood event. Because further expert investigation was necessary to determine an appropriate floor level and freeboard, and the proposed deferred commencement condition was uncertain in its present form, the Court deferred issuing orders to allow the applicant to complete the required stormwater drainage catchment study.

Court Disposition

Issuing of orders deferred to allow the applicant an opportunity to complete a stormwater drainage catchment study; absent satisfactory flood information, dismissal of the appeal would be appropriate.

Orders

  • ['No final orders were issued in the judgment.' 'The issuing of orders was deferred to give the applicant an opportunity to complete the necessary stormwater drainage catchment study.']