Lily Hassarati v Marrickville Council [2004] NSWLEC 55

Land and Environment Court of New South Wales

CITATION : Lily Hassarati v Marrickville Council [2004] NSWLEC 55 APPLICANT Lily Hassarati PARTIES : RESPONDENT Marrickville Council FILE NUMBER(S) : 11022 of 2003 CORAM: Hoffman C KEY ISSUES: Development Consent :- Refusal to amend an existing two storey house to have a third storey - streetscape Environmental Planning and Assessment Act LEGISLATION CITED: Urban Housing Development Control Plan Marrickville Local Environmental Plan Development Control Plan No. 35 CASES CITED: DATES OF HEARING: 16/01/2004 EX TEMPORE 01/16/2004 JUDGMENT DATE :

APPLICANT Mr B Goldsmith, town planner

LEGAL REPRESENTATIVES: RESPONDENT Mr G Christmas

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11022 of 2003 Hoffman C 16 January 2004 Lily Hassarati Applicant v Marrickville Council Respondent Judgment

1. This was a class 1 appeal No. 11022 of 2003 between Lily Hassarati and Marrickville Council in regard to the refusal of a s 96 application to amend an existing consent for a two storey house and permit it to have a third storey. The site was a vacant lot at No. 77 Palace Street, Petersham. Number 75 was a single storey Federation semi detached house with a tiled roof, No. 79 was a two storey Victorian freestanding terrace with a pitched slate roof.

2. Most of the houses in Palace Street were two storey Victorian style of the pre 1900 era and this gave a particular character to the street. The proposal was for a three storey modern style building with an asymmetric street facade that stepped back at each floor level but at the third storey would project about 2 m above the sloping parapet wall of No. 79's slate roof. The flat roof at No. 77, the proposal, would be a little below the ridge of No. 79 in overall height. The issues in the case were: