Alsuzman v Marrickville Council [2005] NSWLEC 425

Land and Environment Court of New South Wales

CITATION : Alsuzman v Marrickville Council [2005] NSWLEC 425

Applicant: Alsuzman Pty Ltd and Jag 888 Pty Ltd PARTIES : Respondent: Marrickville Council

FILE NUMBER(S) : 11630 of 2004

CORAM: Roseth SC

KEY ISSUES: Development Application :- whether retention of old building adequate

DATES OF HEARING: 20/07/2005

DATE OF JUDGMENT: 08/09/2005

Applicant: Mr I Hemmings, barrister instructed by Mr D Briggs of Damien Briggs & Co LEGAL REPRESENTATIVES: Respondent: Mr A Galasso, barrister, instructed by Mr G Christmas, solicitor of Marrickville Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

9 August 2005

11630 of 2004 Alsuzman Pty Ltd and Jag 888 Pty Ltd v Marrickville Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Marrickville Council (the council) of a development application to demolish part of the existing house, refurbish it and erect a residential flat building containing six dwellings on lot 2 DP 580964, known as 3 Anderton Street, Marrickville.

The site 2 The site is on the eastern side of Anderton Street, between Hastings Street and Marrickville Road. It has a frontage of 21.5m, a depth of 48m and an area of 1,049m2. A single-storey Federation-style house now occupies the site, with gardens behind. There are a number of mature trees. 3 The adjoining house to the south is 1 Anderton Street. It has a similar appearance to the house on the subject site. To the north is a right-of-way, and beyond it a single-storey house, 5 Anderton Street. On the other side of Anderton Street there are mainly single-storey houses interspersed with apartment buildings.