Architects Marshall v Lake Macquarie City Council [2005] NSWLEC 78

Land and Environment Court of New South Wales

CITATION : Architects Marshall v Lake Macquarie City Council [2005] NSWLEC 78

Applicant: Architects Marshall Pty Ltd PARTIES : Respondent: Lake Macquarie City Council

FILE NUMBER(S) : 10663 of 2004

CORAM: Roseth SC

Development Application :- Planning principle KEY ISSUES: weight to be given to evidence on aesthetics

DATES OF HEARING: 06/12/2004 to 09/12/2004, 15/12/2004, 21/12/2004, 14/02/2005, 24/02/2005

DATE OF JUDGMENT: 03/01/2005

Applicant: Mr C Shaw, solicitor of Shaw Reynolds LEGAL REPRESENTATIVES: Respondent: Mr G Newport, barrister instructed by Mr G Long, solicitor of P Rees

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

1 March 2005

10663 of 2004 Architect Marshall v Lake Macquarie City Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal of a development application to demolish the existing buildings and erect a multiple dwelling housing project containing ten dwellings over basement parking on lots 1 and 2 DP 800421 and lot 306 DP 11537, known as 34-36 Fishing Point Road, Rathmines.

The site 2 The site is on the west side of Fishing Point Road, between the intersections with Burnage Place and Sunlight Parade. It is an amalgamation of three allotments, each with a dwelling house on it. It is irregular in shape, has an area of 2,365m2, a frontage of 31m to Fishing Point Road and a frontage of 6m to Burnage Place. 3 Five allotments, each containing a detached dwelling, adjoin the site. To the north they are 32 Fishing Point Road and 4 Burnage Place. To the southwest they are 8 Burnage Place and 2 Sunlight Parade. The fifth allotment, 38 Fishing Point Road, adjoins to the south. It contains a three-storey house. 4 The locality contains one and two-storey detached houses. The three-storey house on 38 Fishing Point Road is an exception.