Waks and Anor v Marrickville Council [2006] NSWLEC 633

Waks and Anor v Marrickville Council [2006] NSWLEC 633

The subdivision pattern in the area must be respected as a determinant element of the urban fabric. The proposed L-shaped subdivision and small lot sizes are out of character with the established subdivision pattern and therefore warrant refusal of consent, even though the built form itself could, with amendments, be compatible with the area.

Parties
Applicant: Sheree Waks; Applicant: Borivoj Maksimovic; Respondent: Marrickville Council
Jurisdiction
Australia
Judgment Date
13 July 2006
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act / Final Determination
Outcome
appeal dismissed; development application refused
Legal Topics
Development Application, Subdivision, Streetscape Presentation, Amenity, Open Space Requirements
Planning Law Environmental Law Development Application Subdivision Streetscape Presentation Amenity Open Space Requirements

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Parties

Sheree Waks

Applicant

Borivoj Maksimovic

Applicant

Marrickville Council

Respondent

Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act / Final Determination

Legal Issues

  1. 1 Whether the proposed subdivision is consistent with the existing subdivision pattern
  2. 2 Whether the proposed development is compatible with the streetscape and character of the area
  3. 3 Whether amenity, open space, and parking requirements are met

Ratio Decidendi

The subdivision pattern in the area must be respected as a determinant element of the urban fabric. The proposed L-shaped subdivision and small lot sizes are out of character with the established subdivision pattern and therefore warrant refusal of consent, even though the built form itself could, with amendments, be compatible with the area.

Court Disposition

appeal dismissed; development application refused

Orders

  • The appeal in respect of the property is dismissed.
  • The development application submitted to Marrickville Council and as amended for subdivision into two lots and the erection of two separate dwellings is refused.