Sheree Waks v Marrickville Council [2003] NSWLEC 308

> Land and Environment Court of New South Wales

CITATION : Sheree Waks v Marrickville Council [2003] NSWLEC 308 APPLICANT Sheree Waks PARTIES : RESPONDENT Marrickville Council FILE NUMBER(S) : 11042 of 2003 CORAM: Bly C KEY ISSUES: Development Application :- three attached two-storey dwelling houses - refusal Flooding - urban design including streetscape - provision of garages - amenity impacts - solar access - subdivision Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2001 LEGISLATION CITED: Development Control Plan No. 35 - Urban Housing, Volume 1 Council's Stormwater and On-Site Detention Code CASES CITED: DATES OF HEARING: 13 November 2003 DATE OF JUDGMENT: 11/24/2003

APPLICANT S. Waks in person LEGAL REPRESENTATIVES: RESPONDENT G. Christmans, solicitor instructed by Marrickville Council

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11042 of 2003

Bly C

24 November 2003 Sheree Waks Applicant v Marrickville Council Respondent Judgment Introduction 1 This appeal relates to Development Application No. 200300491 which is for the demolition of an existing dwelling and the erection of three attached two-storey dwelling houses at No. 10 Davis Street, Dulwich Hill. In addition the land is to be subdivided into three lots coinciding with the three new dwellings.