Trinity Investments Australia Pty Ltd v Inner West Council [2021] NSWLEC 1033

Trinity Investments Australia Pty Ltd v Inner West Council [2021] NSWLEC 1033

The appeal was dismissed because the proposed lots were significantly narrower and smaller than the prevailing cadastral character of Marrickville Road and South Street, so the subdivision did not reflect or reinforce the predominant subdivision pattern. The subdivision generated a built form and character that did not complement the existing pattern of development, produced excessive bulk and scale through large dwellings on uncharacteristically small lots, and included poorly resolved design elements inconsistent with the established character of the locality.

Jurisdiction
Australia
Judgment Date
20 January 2021
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2020/0352 / Final Determination
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'attached Dwellings' 'torrens Title Subdivision' 'residential Subdivision Pattern' 'streetscape and Design' 'built Form and Character' 'floor Space Ratio' 'partial Consent']
['planning and Environment Law'] ['development Application' 'attached Dwellings' 'torrens Title Subdivision' 'residential Subdivision Pattern' 'streetscape and Design' 'built Form and Character' 'floor Space Ratio' 'partial Consent']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2020/0352 / Final Determination

Legal Issues

  1. 1 ['Whether the proposal demonstrated consistency with the objectives and controls in Part 3.2.2 of the Marrickville Development Control Plan 2011 relating to residential Torrens title subdivision' 'Whether the proposal demonstrated consistency with the objectives and controls in Part 4.1 of the Marrickville Development Control Plan 2011 relating to streetscape and design' 'Whether the proposal demonstrated consistency with the objectives and controls in Part 4.1 of the Marrickville Development Control Plan 2011 relating to built form and character']

Ratio Decidendi

The appeal was dismissed because the proposed lots were significantly narrower and smaller than the prevailing cadastral character of Marrickville Road and South Street, so the subdivision did not reflect or reinforce the predominant subdivision pattern. The subdivision generated a built form and character that did not complement the existing pattern of development, produced excessive bulk and scale through large dwellings on uncharacteristically small lots, and included poorly resolved design elements inconsistent with the established character of the locality.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application No. 2020/0352 for the construction of five townhouses with basement parking and associated landscaping over basement parking and Torrens title subdivision into five lots, at 436 Marrickville Road, Marrickville, is refused.' 'The exhibits, other than Exhibits 3, A...