Inwood v Marrickville Council

[2008] NSWLEC 1338

Land and Environment Court

of New South Wales

CITATION:

Inwood v Marrickville Council [2008] NSWLEC 1338

PARTIES:

APPLICANT
Brad Inwood

RESPONDENT
Marrickville Council

FILE NUMBER(S):

10541 of 2008

CORAM:

Tuor C

KEY ISSUES:

Development Consent :- Appeal against conditions of development consent for alterations and additions to a semi detached dwelling - consent orders

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979

DATES OF HEARING:

11/07/2008

EX TEMPORE JUDGMENT DATE:

11 July 2008

LEGAL REPRESENTATIVES:

APPLICANT
Ms P Burns, solicitor
of Maddocks Lawyers

RESPONDENT
Mr G Christmas, solicitor
of Marrickville Council

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Tuor C

11 July 2008

10541 of 2008 Brad Inwood v Marrickville Council

JUDGMENT

1 This is an appeal against conditions imposed by Marrickville Council (council) on the consent for an application for alterations and additions to an existing semi detached house at 40 Croydon Street, Petersham (the site). The parties are seeking consent orders from the Court.

2 The conditions include a deferred commencement condition which requires the removal of the ensuite bathroom which was to be located within the access way at the side of the house. Council’s principal concern related to the visibility of the ensuite from the street and also the lack of symmetry that would result between the two semi-detached houses.

3 Discussions with the applicant and the council have taken place which has resulted in an agreement to place a camellia to screen the ensuite from the street. There is also a camellia in a similar location on the adjoining semi.

4 The applicant has also agreed to an additional condition which will require that the front of the ensuite be brick to match the brick of the existing dwelling.

5 On this basis I am satisfied that the issues between the parties have been resolved and that the consent orders sought by the parties may be issued.

6 The orders of the Court by consent are:

1. The appeal in respect of the property known as 40 Croydon Street, Petersham is upheld.

2. Development Consent is granted to development Application No. DA2007/00282 for alterations and additions to the rear of the existing dwelling subject to the conditions in Annexure A.

3. The exhibits, except Exhibits 1 and A, may be returned.

___________________

Annelise Tuor
Commissioner of the Court
ljr