Melissa Grech v Auburn Council

Land and Environment Court

of New South Wales

CITATION:	Melissa Grech v Auburn Council [2004] NSWLEC 40
PARTIES:	APPLICANT Melissa Grech RESPONDENT Auburn Council
FILE NUMBER(S):	10984 of 2003
CORAM:	Brown C
KEY ISSUES:	Development Application :- Erection of a residential flat building - Site area - Site coverage setbacks - Open space - Dwelling size - Isolation of adjoining site
LEGISLATION CITED:	Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 65 Auburn Local Environmental Plan 2000
CASES CITED:
DATES OF HEARING:	04/02/2004 and 05/02/2004
DATE OF JUDGMENT:	03/02/2004
LEGAL REPRESENTATIVES:	APPLICANT Mr B Goldsmith, agent SOLICITORS B T Goldsmith Planning Services RESPONDENT Ms C Schofield, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

10984 of 2003

Brown C

2 March 2004

Melissa Grech
Applicant

v

Auburn Council
Respondent

Judgment

1 This is an appeal against the refusal by Auburn Council (the council) of Development Application No. 565/01 to demolish an existing building and erect a residential flat building at 3 Clarence Street, Lidcombe (the subject site).

2 I record that an inspection of the subject site and surrounding area was undertaken on the morning of the first day of the hearing with representatives of both parties.

3 In balancing the competing evidence, I have concluded that the appeal should be dismissed and the development application refused. I have come to this conclusion principally because of the non-compliance with the relevant planning control in relation to minimum lot size, landscaping and streetscape.

The subject site and surrounding area
4 The subject site is Lot 24, Section 2, DP 751. It is rectangular in shape with the frontage of 15.24 m to Clarence Street (western boundary), a depth of 45.72 m giving a total area of 696.77 m ² . It has a slight fall from the Clarence Street frontage and is subject to flooding.

5 The subject site is currently occupied by a single storey dwelling house and a garage and shed adjacent to the northern boundary.

6 The property to the north at 1 Clarence Street (the adjoining site) is a single storey weatherboard dwelling with the frontages to Clarence Street, Milton Street and Railway Parade. It has a similar frontage to the subject sight to Clarence Street and an area of 680 m ² .

7 The general area contains other single dwellings however the predominant form of development consists of residential flat buildings, up to four storeys in height. A relatively recent residential flat building adjoins the subject site to the south and provides for three residential levels above ground level parking.

The proposed development
8 T he proposed development seeks the demolition of all existing structures and the erection of a four storey residential flat building containing eight apartments above a ground level carparking area for 12 vehicles.

9 The ground level carparking area is an enclosed area and is located at a level approximately 1.85 m above natural ground level at its eastern…