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

Land and Environment Court New South Wales

Medium Neutral Citation: Trinity Investments Australia Pty Ltd v Inner West Council [2021] NSWLEC 1033 Hearing dates: 17 December 2020 Date of orders: 20 January 2021 Decision date: 20 January 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) 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. (3) The exhibits, other than Exhibits 3, A and P, are returned. Catchwords: DEVELOPMENT APPLICATION – attached dwellings – Torrens title subdivision – whether the subdivision is consistent with existing subdivision pattern – streetscape and design – built form and character Legislation Cited: Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2011 Marrickville Local Environmental Plan 2011 (Amendment No 4) Cases Cited: Wingecarribee Shire Council v De Angelis [2016] NSWCA 189 Fuller v Inner West Council [2019] NSWLEC 1506 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Trinity Investments Australia Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) C Norton (Respondent)