Da Silva v Marrickville C [2006] NSWLEC 113

Land and Environment Court of New South Wales

CITATION : Da Silva v Marrickville C [2006] NSWLEC 113

APPLICANT Luis Da Silva PARTIES : RESPONDENT Marrickville Council

FILE NUMBER(S) : 11304 of 2005

CORAM: Hoffman C

KEY ISSUES: Development Application :- sub-division of an existing allotment into two allotments with construction of a 2-storey terrace house -

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Marrickville Local Environmental Plan 2001 Marrickville Development Control Plan No. 35 (Vol1) including amendments Nos 1 and 2 Marrickville Development Control Plan No. 19 - Parking Strategy including amendment No 1

DATES OF HEARING: 21/02/2006

EX TEMPORE JUDGMENT DATE : 02/21/2006

APPLICANT Mr G. Green, solicitor of Pike Pike and Fenwick LEGAL REPRESENTATIVES:

RESPONDENT Mr G. Christmas, solicitor of Marrickville Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

21 February 2006

11304 of 2005 Da Silva, Luis v Marrickville Council

JUDGMENT 1 This is a Class 1 Appeal No. 11304/2005 between Luis Da Silva and Rosario Da Silva and Marrickville Council in regard to the refusal of the Development Application (DA), to subdivide an existing allotment into two allotments and to erect on each a 2-storey terrace house each attached to the other, at No. 12 Constitution Road, Dulwich Hill.