Galea v Marrickville Council [2005] NSWLEC 113

Land and Environment Court of New South Wales

CITATION : Galea v Marrickville Council [2005] NSWLEC 113

Applicant: Julian Galea PARTIES : Respondent: Marrickville Council

FILE NUMBER(S) : 11425 of 2004

CORAM: Roseth SC

KEY ISSUES: Development Application :- planning principle: walls on boundary in residential areas

DATES OF HEARING: 23/02/2005

DATE OF JUDGMENT: 03/17/2005

Applicant: Mr C Gough, solicitor of Storey & Gough LEGAL REPRESENTATIVES: Applicant: Mr G Christmas, Principal Solicitor for Marrickville Council

JUDGMENT: - 8 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

17 March 2005

11425 of 2004 Julian Galea v Marrickville Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Marrickville Council of a development application to subdivide lot 14 DP 59484, known as 54 Alfred Street, St Peters into three allotments and to erect a two-storey dwelling house on each.

The site 2 The site is 15m wide, 31m deep and has an area of 462m2. It is on the east side of Alfred Street, a side on which parking is prohibited. A single storey detached dwelling now stands on the site. 3 Alfred Street contains a mixture of houses and allotment widths and sizes. Most allotments are between 8m and 12m. The two notable exceptions are No 22, which is 4m wide; and No 10 for which this Court granted a consent permitting subdivision into 4.7m wide allotments (see below). 4 Immediately to the west is No 56, a property that has been recently developed with two-storey semi-detached dwellings, with parking from the rear. (Unlike the subject site, No 56 has rear access.) Immediately to the east is No 48, a property on which two two-storey semi-detached dwellings are under construction. A garage is provided for each dwelling on the side of the allotment.